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Full text of "North Carolina Register v.10 no. 9 (8/1/1995)"

123'^ /e/^A.// 7434 1. A 2 /a/^ ;z^ 



NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 9 • Pages 716 - 822 
August 1, 1995 



IN THIS ISSUE 

Environment, Health, and Natural Resources 

Human Resources 

Justice 

Refrigeration Examiners, Board of 

Tax Review Board 

List of Rules Codified 

RRC Objections 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 

Rules Division 

PO Drawer 27447 

Raleigh, NC 27611-7447 

Telephone (919) 733-2678 

Fax (919) 733-3462 J^^ 

m 4 1995 

This publication is printed on permanent, acid-free paper in Ctnnpkance with G.S. 125-11.13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published mice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
pubbc heanngs tiled under G.S. 150B-21.2 must be published in 
the Register. The Register will typically compnse approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each count) in the state and to vanous state officials and 
institutions. 

The North Carolina Register is available by yearl)' subscnption 
at a cost of one hundred and twent\' dollars ($120.00) for 24 
issues. Individual issues ma\ be purchased for ten dollars 
(SIO.OO). 

Requests for subscnption to the North Carolina Register should 
be directed to the Office of Admimstrative Heanngs, PO Drawer 
27447, Raleigh. NC 27611-7447. 

ADOPTION. .\MENDMENT, AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agenc>' to adopt, amend, or repeal a rule. For the 
specific statutory authority . please consult Article 2A of Chapter 
150B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first pubhsh notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the pubhc 
hearing (or instructions on hou a member of the pubhc may 
request a hearing); a statement of procedure for public comments; 
the text of the prop<ised rule or the statement of subject matter; the 
reason tor the proposed action; a reference to the statutory 
authonty for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following pubhcation of the notice in the North 
CaroUna Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency may not adopt a rule that 
differs substantially from the proposed form pubhshed as part of 
the pubUc notice, until the adopted version has been pubhshed in 
the North Carolina Register for an additional 30 day comment 
period. 

VMien final action is taken, the promulgating agenc_\ must file the 
rule with the Rules Review Commission (RRCj. After approval 
by RRC, the adopted rule is filed with the Office of Admimstrati\'e 
Heanngs (OAH). 

A rule or amended rule generall\' becomes effective 5 business 
da_\s after the rule is filed with the Office of Administrarive 
Heanngs for pubhcation in the North Carohna Admimstrative 
Code (NCAC). 

PrcTposed action on rules may be withdrawn by the promulgating 



agency at any time before final action is taken by the agency or 
before fihng with OAH for pubhcation in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies mav issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's wntten statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the cntena in G.S. 150B-21.1. the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the cntena. the rule is returned to the agency. The agency may 
supplement its findings and resubmit the temporary rule for an 
additional review or the agency may respond that it will remain 
with its imfial position. The Codifier. thereafter. wiU enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporary rule is in effect for the penod specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporan rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is tiled with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carohna Administrative Code (NCAC) is a 
compilation and index of the admimstrative rules of 25 state 
agencies and 40 occupational hcensing boards. Compilation and 
pubhcation of the NCAC is mandated by G.S. 150B-21.18. 

The Code is divided mto Tides and Chapters. Each state agency 
IS assigned a separate tide which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 
The NCAC is available in tw,'o formats. 

(1) Single pages may be obtained at a mimmum cost of 
tuo dollars and 50 cents (S2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Admimstrative 
Hearings. 

(2) The ftiU publicaQon and supplement ser^'ice is pnnted 
and distnbuted by Barclays Law Pubh.shers. It is 
a\'ailable in hardcop)'. CD-ROM and diskette format. 
For subscnption information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 10:01 NCR 1-67, April 3. 1995 refers to 
Volume 10. Issue 1. pages 1 through 67 of the North Carolina 
Register issued on Apnl 3. 1995. 



FOR INFORMATION CONTACT: Office of Admimstrative Heanngs. ATTN: Rules Division, PO Drawer 27447. Ralciijh. 
NC :^611-'^447. (919) 733-2678. F.AX (91Q) 733-3462. 



NORTH CAROLINA 



IN THIS ISSUE 




Volume 1 O, Issue 9 
Pages 7 1 6 - 822 



August 1 , 1 995 



This issue contains documents officially 
filed through July 18, 1995. 



I. IN ADDITION 

Tax Review Board 



716 - 721 



n. PROPOSED RULES 

Environment, Health, and Natural Resources 

Coastal Resources Commission 752 - 781 

Human Resources 

Social Services Commission 722 - 723 

Justice 

Sheriffs' Education and Training Standards 

Commission 723 - 751 

Licensing Board 

Refrigeration Examiners 781 - 782 

III. LIST OF RULES CODIFIED 783 786 

IV. RRC OBJECTIONS 787-792 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann m. Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



V. CONTESTED CASE DECISIONS 

Index to AU Decisions 793-804 

Text of Selected Decisions 

95 DOJ 0444 805-808 

95 OSP 0055 809-812 

VI. CUMULATIVE INDEX 814-822 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 
for Fil- 
ing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

toRRC 


** EarUest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 

** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Revised 10/94 



7/V ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of Controlled Substance Excise 
tax for possession of non-tax-paid Controlled Substance 
on August 4, 1992 by the Secretary of Revenue 
against John B. Melville, Jr. and David J. Collins 



ADMINISTRATIVE 
DECISION NUMBER: 



300 



THIS MATTER was heard before the Tax Review Board on April 11, 1995 in the City of Raleigh, Wake County, 
North Carolina in the office of the State Treasurer. It is involves the Petitions of John B. Melville, Jr. and David J. Collins 
(hereinafter "Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative 
Services (hereinafter "Assistant Secretary") entered on January 14, 1994 sustaining a proposed assessment of controlled 
substance excise tax for possession of non-tax -paid controlled substance. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, Chairman Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law participating. 

Walter W. Vatcher and Charles K. Medlin, Jr., Attorneys at Law, appeared on behalf of the Taxpayers; Christopher 
E. Allen, Assistant Attorney General, appeared on behalf of the Department of Revenue. 

On administrative review to this Board, the Taxpayers argued that the Assistant Secretary erred in sustaining the 
assessment of the controlled substance tax in the sum of $79,380.00, interest in the sum of $89.81 and penalty in the sum 
of $13,404.00. The Taxpayers also argued that the statute under which the tax is assessed is unconstitutional. 

The Board's review of the facts show that the Taxpayers arranged to purchase fifty (50) pounds of marijuana from 
a State Bureau of Investigation informant. On August 4, 1992, the informant delivered the marijuana to a site designated 
by the Taxpayers. The informant then collected payment for the marijuana from the Taxpayers at Melville's residence. On 
August 4, 1992 the Taxpayers drove to the designated deliver site where they were arrested. Notices of Assessment were 
prepared and served on the Taxpayers pursuant to the provisions of N.C.G.S. §105-241.1. 

N.C.G.S. §105-113.105 et^ seq. provides for the levy of an excise tax on persons (dealers) who possess a 
non-tax-paid controlled substance. The tax is due within 48 hours after the dealer acquires a non-tax-paid controlled 
substance. The proposed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105-241. 1(a), thus 
the burden is on the Taxpayers to overcome this presumption and rebut the assessment. 

The purpose of this Board is to provide administrative review to Taxpayers from the Secretary of Revenue's decision 
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The Board after review of the 
factual situation and the application of the statute to those facts renders its decision. N.C.G.S. § 105-241.2 provides that 
the Board's decision shall confirm, modify, reverse, reduce, or increase the assessment or decision of the Secretary. 
N.C.G.S. § 105-241.2 does not give this administrative board the authority or jurisdiction to rule on the constitutionality of 
a statute. Great Am. Ins. Co. v. Gold, 254 N.C. 168, 118 S.E.2d. 792 (1961). 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



716 



IN ADDITION 



THE BOARD HAVING REVIEWED THE PETITIONS AND RECORD MADE IN THE PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were fully 
supported by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fiilly 
supported by the conclusions of law. From the record, there was a reasonable basis to presume that the Taxpayers were 
in possession of the controlled substance. Pursuant to N.C.G.S. §105-241. 1(a), the proposed assessment of the excise tax 
is presumed to be correct. The Taxpayers failed to produce evidence to overcome the presumption and rebut the assessment. 



i 



IT IS THEREFORE ORDERED, that the Board confirms the Assistant Secretary's final decision as to the 
assessment of the tax m the amount of $79,380.00 but reverses the final decision as to penalty imposed against the Taxpayers 
and modifies the assessment of the penalty to be applicable only to the net amount of the tax assessed remaining unpaid after 
the application of any amount received by the garnishment filed by the Department of Revenue. 

Since the Tax Review Board is not empowered to pass up>on the constitutionality of a statute, or its application to 
a particular assessment or taxpayer, the Taxpayers' argument as to the constitutionality of the statute was not properly before 
this forum. 

Entered this the 10th day of July, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells, Chairman 
Utilities Commission 



Jeff D. Batts, Member 



717 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of Controlled Substance Excise 
tax for possession of non-tax-paid Controlled Substance 
on March 4, 1992 by the Secretary of Revenue against 
Clinton Ray Price 



ADMINISTRATrVE 
DECISION NUMBER: 



301 



THIS MATTER was heard before the Tax Review Board on June 7, 1995 in the City of Raleigh, Wake County, 
North Carolina in the office of the State Treasurer. It is involves the Petition of Clinton Ray Price (hereinafter "Taxpayer") 
from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services (hereinafter 
"Assistant Secretary") entered on June 22, 1994 sustaining a proposed assessment of controlled substance excise tax for 
possession of non-tax-paid controlled substance. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, Chairman Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law participating. 

David B. Freedman, Attorney at Law, apjjeared on behalf of the Taxpayer; Christopher E. Allen, Assistant Attorney 
General, appeared on behalf of the Department of Revenue. 

On administrative review to this Board, the Taxpayer argued that the Assistant Secretary erred in sustaining the 
assessment of the controlled substance excise tax. The Taxpayer also argued that the statute under which the tax is assessed 
is unconstitutional. 

N.C.G.S. §105-113.105 et^ seq. provides for the levy of an excise tax on persons (dealers) who possess a 
non-tax-paid controlled substance. The tax is due within 48 hours after the dealer acquires a non-tax-paid controlled 
substance. The proposed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105-241. 1(a), thus 
the burden is on the Taxpayer to overcome this presumption and rebut the assessment. 

The purpose of this Board is to provide administrative review to Taxpayers from the Secretary of Revenue's decision 
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The Board after review of the 
factual situation and the application of the statute to those facts renders its decision. N.C.G.S. § 105-241.2 provides that 
the Board's decision shall confirm, modify, reverse, reduce, or increase the assessment or decision of the Secretary. 
N.C.G.S. § 105-241.2 does not give this administrative board the authority or jurisdiction to rule on the constitutionality of 
a statute. Great Am. Ins. Co. v. Gold, 254 N.C. 168, 118 S.E.ld. 792 (1961). 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THIS PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant SecreUry were fiiUy 
supported by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fully 
supported by the conclusions of law. From the record, there was a reasonable basis to presume that the Taxpayer was in 
possession of the controlled substance. Pursuant to N.C.G.S. §105-241. 1(a), the proposed assessment of the excise tax is 
presumed to be correct. There was no evidence in the record to rebut that presumption. 

IT IS THEREFORE ORDERED, that final decision of the Assistant Secretary sustaining the assessment is 
CONFIRMED. 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



718 



IN ADDITION 



Since the Tax Review Board is not empowered to pass upon the constitutionality of a statute, or its application to 
a particular assessment or taxjjayer, the Taxpayer's argument as to the constitutionality of the statute was not properly before 
this forum. 

Entered this the 11th day of July, 1995. 



{ 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells, Chairman 
Utilities Commission 



Jeff D. Batts, Member 



( 



719 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



IN ADDITION 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of Controlled Substance Excise 
tax for possession of non-tax-paid Controlled Substance 
on May 6, 1993 by the Secretary of Revenue against 
Bill Hall 



ADMINISTRATFVE 
DECISION NUMBER: 



302 



THIS MATTER was heard before the Tax Review Board on June 7, 1995 in the City of Raleigh, Wake County, 
North Carolina in the office of the State Treasurer. It is involves the Petition of Bill Hall (hereinafter "Taxpayer") from 
the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services (hereinafter "Assistant 
Secretary") entered on February 1, 1995 sustaining a proposed assessment of controlled substance excise tax for possession 
of non-tax-paid controlled substance. 

Chairman Harlan E. Boyles, State Treasurer presided over the hearing with Hugh A. Wells, Chairman Utilities 
Commission and duly apf>ointed member, Jeff D. Batts, Attorney at Law participating. 

The Taxpayer and his attorney of record did not appear at the hearing; Christopher E. Allen, Assistant Attorney 
General, appeared on behalf of the Department of Revenue. 

On administrative review to this Board, the Taxpayer argued that the Assistant Secretary erred in sustaining the 
assessment of the controlled substance excise tax because he denied possession of the controlled substance. Taxpayer also 
argued that the statute under which the tax is assessed is unconstitutional. 

N.C.G.S. §105-113.105 et^ seq. provides for the levy of an excise tax on persons (dealers) who possess a 
non-tax-paid controlled substance. The tax is due within 48 hours after the dealer acquires a non-tax-paid controlled 
substance. The propwsed assessment of the excise tax is presumed to be correct pursuant to N.C.G.S. §105-241. 1(a), thus 
the burden is on the Taxpayer to overcome this presumption and rebut the assessment. 

The purpose of this Board is to provide administrative review to Taxpayers from the Secretary of Revenue's decision 
sustaining the assessment of tax or additional tax pursuant to North Carolina Revenue Laws. The Board after review of the 
factual situation and the application of the statute to those facts renders its decision. N.C.G.S. § 105-241.2 provides that 
the Board's decision shall confirm, modify, reverse, reduce, or increase the assessment or decision of the Secretary. 
N.C.G.S. § 105-241.2 does not give this administrative board the authority or jurisdiction to rule on the constitutionality of 
a statute. Great Am. Ins. Co. v. Gold, 254 N.C. 168, 118 S.E.ld. 792 (1961). 

THE BOARD HAVING REVIEWED THE PETITION AND RECORD MADE IN THIS PROCEEDING AND 
HAVING CAREFULLY CONSIDERED THE MATTERS OF RECORD AND THE ARGUMENTS PRESENTED 
RENDERED THE FOLLOWING DECISION: that the findings of fact made by the Assistant Secretary were ftilly 
supported by competent evidence in the record; that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact; and that the decision by the Assistant Secretary sustaining the tax assessment was fully 
supported by the conclusions of law. From the record, there was a reasonable basis to presume that the Taxpayer was in 
possession of the controlled substance. Pursuant to N.C.G.S. §105-241. 1(a), the projx)sed assessment of the excise tax is 
presumed to be correct. There was no evidence in the record to rebut that presumption. 

IT IS THEREFORE ORDERED, that final decision of the Assistant Secretary sustaining the assessment is 
CONFIRMED. 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



720 



IN ADDITION 



Since the Tax Review Board is not empowered to pass upon the constitutionality of a sUtute, or its application to 
a particular assessment or taxpayer, the Taxpayer's argument as to the constitutionahty of the statute was not properly before 
this forum. 

Entered this the 11th day of July, 1995. 



i 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells, Chairman 
Utilities Commission 



Jeff D. Batts, Member 



721 



NORTH CAROLINA REGISTER 



August I, 1995 



10:9 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Social Services Commission intends 
to amend rules cited as 10 NCAC 39D .0302 and .0303. 

Proposed Effective Date: November 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on 
September 6, 1995 a: the Albemarle Building, Room 943-2, 
325 N. Salisbury Street, Raleigh, NC 27603. 

Reason for Proposed Action: 

10 NCAC 39D .0302 - to eliminate the nine month limit on 
the duration of Work Experience participation and will allow 
greater flexibdity in placing participants in Work Experi- 
ence. 

10 NCAC39D .0303 - to allow the State more flexibility in 
meeting education and training needs of program partici- 
pants in Post-secondary Education and training. 

Comment Procedures: Comments may be presented in 
writing anytime before or at the public hearing or orally at 
the hearing. Time limits for oral remarks may be imposed 
by the Commission Chairman. Any person may request 
copies of these rules by calling or writing to Shamese 
Ransome, Special Assistant, NC Division of Social Ser\'ices, 
325 N. Salisbury Street, Raleigh, NC 27603, 919/733-3055. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state finds. 

CHAPTER 39 - EMPLOYMENT PROGRAMS 



2873 . 

Authority G.S. 1438-153; 42 U.S.C. 682(a)(2). 

.0303 POST-SECONDARY EDUCATION 

(ft) The criteria for determining when post-secondary 
education, as defined in 45 CFR 250. 1 and 45 CFR 250.46, 
is appropriate for JOBS participants shall be: 

fi^ A partioipant has e arn e d a high oohool diploma 

or ita oquivolont; 
(5) iXl The program of study offered at the 
post-secondary institution is directly related to 
the participant's employment goal as defined in 
the JOBS employability plan; and 
(^ (2) Tbo dotormination of ap > propriatono33 ia mndo 
by an educational assessment, 
(b) Paym e nt for tuition and fooo oholl bo no mor e than th e 
tuition and foo mtoe for tho local or regional atato 9upp>ortod 
inatimtion. 45 CFR 250.1 and 45 CFR 250.46 are hereby 
incorporated by reference including all subsequent amend- 
ments and editions. Copies of this Rule may be obtained by 
contacting the North Carolina Division of Social Services, 
Employment Programs Section, 325 North Salisbury Street, 
Raleigh. North Carolina. 27603, 919/733-2873. 

Authority' G.S. 143B-153; 42 U.S.C. 682(a)(2). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Social Services Commission intends 
to amend rule cited as 10 NCAC 42H .0911. 

Proposed Effective Date: December 1 , 1995. 



SUBCHAPTER 39D - JOB OPPORTUNTTEES AND 
BASIC SKILLS TRAINING (JOBS) PROGRAM 

SECTION .0300 - JOBS PROGRAM COMPONENTS 
AND ACTIVrriES 

.0302 WORK EXPERIENCE 

(ft) — Work oxfwrionoo participation shall not oxoood nine 
months during any period of AFEKT oligibility. 

(b) — A participant who io a par e nt in any family eligible 
for AFDC by r e ason of tho un e mploym e nt of the parent 
who is tho principle wage earner ahall not bo subject to tho 
time litnitationa doocribed in Paragraph (a) of this Rul e . 

fe) A JOBS participant may volunteer to participate in 
work experience for more than the maximum number of 
hours as defined in 45 CFR 250.63. 45 CFR 250.63 is 
hereby incorporated by reference including all subsequent 
amendments and editions. Copies of this Rule may be 
obtained by contacting the North Carolina Division of Social 
Services, Employment Programs Section, 325 North 
Salisbury Street. Raleigh. North Carolina. 27603. 919/733- Fiscal Note: This Rule does not affect the expenditures or 



A Public Hearing wUl be conducted at 10:00 a.m. on 
September 6, 1995 at the Albemarle Building, Room 943-2, 
325 N. Salisbury Street, Raleigh. NC 27603. 

Reason for Proposed Action: To clarify the original intent 
of the rule, which is to allow agencies to decide whether or 
not adult client relatives, as defined in the rule, may be 
employed as in-home aides. In addition, the rule is being 
proposed for amendment to give agencies the same flexibility 
in making a decision about hiring a client relative to serve 
as a child's in-home aide. 

Comment Procedures: Comments may be presented 
anytime before or at the public hearing or orally at the 
hearing. Time limits for oral remarks may be imposed by 
the Commission Chairman. Any person may request copies 
of this rule by calling or writing to Shamese Ransome, 
Special Assistant, NC Division of Social Serx'ices, 325 N. 
Salisbury Street, Raleigh, NC 27603, 919/733-3055. 



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722 



PROPOSED RULES 



revenues of local government or state funds. 

CHAPTER 42 - INDIVIDUAL AND FAMILY 
SUPPORT 

SUBCHAPTER 42H - IN-HOME AIDE SERVICES 

SECTION .0900 - PROGRAM REQUIREMENTS 

.0911 SELECTION OF AIDES 

{tt) — Tho following persons ghall bo allowed to bof i 'o qj3 
in homo aidoo for adults: 

{4^ Non relativeo who ar e 1 8 yooro of ag e or old e r 

who aro oompetont to perform tho tncko noodod 
by tho cliont. 

(3) Tho client's rolatis'os, who for this purpose aro 

parent, opouo e . ohild or oibling, who ar e 1 8 
yoaro of ag e or oldor and who giv e up e mploy 
ment or tho opportunity' for omploymont in order 
to perform the soi^'ioo and who aro oompotent to 
perform tho toolco needed by th e cli e nt, 
(b) Non relativ o G who ar e 1 8 years of ag e or old e r who 
are competent to pwrform the taaka needed by tho cliont shall 
bo allowed to servo oa in homo aidoo for childron and their 
famili e s. 

Agencies providing in-home aide services must have a 
written policy regarding who may serve as in-home aides. 
The written policy shall include, at a minimum, the follow- 
ing information about who may serve as in-home aides: 

(1) aides shall be 18 years of age or older or emanci- 
pated minors; and 

(2) aides shall be persons who have demonstrated 
competency to perform the tasks needed by the 
client; and 

(3) whether or not the agency allows the hiring of 
relatives to serve as a client's in-home aide. If 
the agency allows a relative to be a client's in- 
home aide, the policy must also contain the fol- 
lowing reguirementsj. 

(a) that the relative of the client for this purpose is 
either a parent, spouse, child, or sibling of the 
client, including step relations of the client for 
any of those; and 

(b) that the relative must have given up employment 
or the opportunity for employment in order to 
perform the tasks needed by the client; and 

£4) any other hiring guidelines established by the 
agency. 

Statutory Authority G.S. 143B-153. 



TITLE 12 - DEPARTMENT OF JUSTICE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Sheriffs' Education 
and Training Standards Commission intends to amend rules 



cued as 12 NCAC lOB .0102 - .0103, .0105, .0204, .0301, 
.0304, .0307, .0401 - .0403, .0405, .0407 - .0409, .0502 
- .0503, .0505, .0601 - .0607, .0702 - .0706, .0801 - 
.0803, .0901, .0903 - .0906, .0908- .0912, .1004- .1005, 
. 1201 - . 1205. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 9:00 a.m. on 
September 13, 1995 at the Rowan-Cabarrus Community 
College, Rooms 302A and 302B, Salisbury, North Carolina 
28145-1595. 

Reason for Proposed Action: To amend rules in compli- 
ance with certain statutory changes or in the discretion of 
the Sheriffs' Commission. To make certain technical 
changes as requested by the Rules Review Commission last 
year. 

Comment Procedures: Copies of the proposed rule 
changes are available from the North Carolina Department 
of Justice - Sheriffs' Standards Division, PO Box 629, 104 
Fayetteville St. Mall, Raleigh, North Carolina 27602-0629, 
(919) 733-9236. Written comments will be accepted until 
the close of the business day on Monday, September 8, 1995 
and should be addressed to Joan Neuner, Director at the 
above address. Public comment is also welcome during the 
Public Rule-Making Hearing on September 13, 1995 
beginning at 9:00 a.m. at Rowan-Cabarrus Community 
College, Rooms 302A&B in Salisbury, North Carolina. 

Fiscal Note: These Rules do not affect the expenditures or 
re\'enues of state or local government funds. 

CHAPTER 10 - N.C. SHERIFFS' EDUCATION AND 
TRAINING STANDARDS COMAHSSION 

SUBCHAPTER lOB - NC SHERIFFS' EDUCATION 
AND TRAINING STANDARDS COMMISSION 

SECTION .0100 - COMAHSSION ORGANIZATION 
ANT) PROCEDURES 

.0102 PURPOSE 

The purpose of the commission is not only to continually 
raise the level of competence within the sheriffs' depart- 
ments, but to recognize and deal with the particular educa- 
tion and training needs of sheriffs and their deputies and 
jailor s detention officers by: 

(1) Establishing minimum standards for employment 
and retention; 

(2) Estabhshing minimum standards for education and 
training; 

(3) Promoting the planning and development of 
systematic career development programs by 
providing and encouraging advanced or specialized 
training, education and certification; 



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(4) Planning and promoting the development and 
improvement of a comprehensive system of 
education and training in the administration of law 
enforcement; 

(5) Conducting and initiating research and planning by 
public and private agencies, designed to improve 
education and training in the administration of law 
enforcement; 

(6) Studying the recruitment, selection, education and 
training of sheriffs' department personnel and 
recommending improvements in such methods; 
and 

(7) Maintaining liaison among local, state and federal 
agencies with respect to North Carolina Sheriffs' 
Education and Training. 

Statutory Authority G. S. 1 7E-4. 

.0103 DEFINmONS 

In addition to the definitions set forth in G.S. 17E-2, the 
following definitions apply throughout this Chapter, unless 
the context clearly requires otherwise: 

(1) "Appointment" as it applies to a deputy sheriff 
means the date the deputy's oath of office is 
administered, and as it applies to a jail e r detention 
officer means either the date the jail e r's detention 
officer's oath of office was administered, if 
applicable, or the jailor'a detention officer's actual 
date of employment as reported on the Report of 
Appointment (Form F-4) by the employing 
agency, whichever is earlier. 

(2) "Convicted" or "Conviction" means and includes, 
for purposes of this Chapter, the entry of: 

(a) a plea of guilty; 

(b) a verdict or fmding of guilt by a jury, judge, 
magistrate, or other duly constituted, estab- 
Ushed, and recognized adjudicating body, tribu- 
nal, or official, either civilian or military; or 

(c) a plea of no contest, nolo contendere, or the 
equivalent. 

(3) "Department Head" means the chief administrator 
of any criminal justice agency. Department head 
includes the sheriff or a designee formally ap- 
pointed in writing by the Department head. 

(4) "Director" means the Director of the Sheriffs' 
Standards Division of the North Carolina Depart- 
ment of Justice. 

(5) "Division" means the Sheriffs' Standards Division. 

(6) "High School" means a school accredited as a 
high school by: 

(a) the Department or Board of Education of the 
state in which the high school is located; or 

(b) the recognized regional accrediting body; or 

(c) the state university of the state in which the high 
school is located. 

(7) "Enrolled" means that an individual is currently 
actively participating in an on-going formal pre- 



sentation of a commission-accredited basic training 
course which has not been concluded on the day 
probationary certification expires. 

(8) "Essential Job Functions" means those tasks 
deemed by the agency head to be necessary for the 
proper performance of a justice officer. 

(9) "Lateral Transfer" means certification of a justice 
officer when the applicant for certification has 
previously held general or grandfather certification 
as a justice officer or a criminal justice officer as 
defined in G.S. 17C-2(c), excluding state correc- 
tional officers, state probation/parole officers, and 
state youth services officers, provided the appli- 
cant has been separated from a sworn law enforce- 
ment position for no more than one year, or has 
had no break in service. 

(10) "Misdemeanor" means those criminal offenses not 
classified by the North Carolina General Statutes, 
the United States Code, the common law, or the 
courts as felonies. Misdemeanor offenses are 
classified by the Commission as follows: 
(a) "Class A Misdemeanor" means an act committed 
or omitted in violation of any common law, duly 
enacted ordinance or criminal statute of this state 
which is not classified as a Class B Misde- 
meanor pursuant to Sub-item (10)(b) of this 
Rule. Class A Misdemeanor also includes any 
act committed or omitted in violation of any 
common law, duly enacted ordinance, criminal 
statute, or criminal traffic code of any jurisdic- 
tion other than North Carolina, either civil or 
military, for which the maximum punishment 
allowable for the designated offense under the 
laws, statutes, or ordinances of the jurisdiction 
in which the offense occurred includes imprison- 
ment for a term of not more than six months. 
Sfjecifically excluded from this grouping of 
"Class A Misdemeanor" criminal offenses for 
jurisdictions other than North Carolina, are 
motor vehicle or traffic offenses designated as 
misdemeanors under the laws of other jurisdic- 
tions, or duly enacted ordinances of an autho- 
rized governmental entity with the exception of 
the offense of impaired driving which is ex- 
pressly included herein as a Class A Misde- 
meanor, if the offender could have been sen- 
tenced for a term of not more than six months. 
Also specifically included herein as a Class A 
Misdemeanor is the offense of impaired driving, 
if the offender was sentenced under punishment 
level three [G.S. 20-179(i)], level four [G.S. 20- 
179(j)], or level five [G.S. 20-179(k)]. Class A 
Misdemeanor shall also include acts committed 
or omitted in North Carolina prior to October 1 , 
1994 in violation of any common law, duly 
enacted ordinance or criminal statute, of this 
state for which the maximum punishment allow- 



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PROPOSED RULES 



able for the designated offense included impris- 
onment for a term of not more than six months, 
(b) "Class B Misdemeanor" means an act committed 

or omitted in violation of any common law, 
criminal statute, or criminal traffic code of this 
state which is classified as a Class B Misde- 
meanor as set forth in the "Class B Misde- 
meanor Manual" as published by the North 
Carolina Department of Justice and shall auto- 
matically include any later amendments and 
editions of the incorporated material as provided 
by G.S. 150B-21.6. Copies of the publication 
may be obtained from the North Carolina De- 
partment of Justice, Post Office Box 629, Ra- 
leigh, North Carolina 27602. There is no cost 
per manual at the time of adoption of this Rule. 
Class B Misdemeanor also includes any act 
committed or omitted in violation of any com- 
mon law, duly enacted ordinance, criminal 
statute, or criminal traffic code of any jurisdic- 
tion other than North Carolina, either civil or 
military, for which the maximum punishment 
allowable for the designated offense under the 
laws, statutes, or ordinances of the jurisdiction 
in which the offense occurred includes imprison- 
ment for a term of more than six months but not 
more than two years. Specifically excluded 
from this grouping of "Class B Misdemeanor" 
criminal offenses for jurisdictions other than 
North Carolina, are motor vehicle or traffic 
offenses designated as being misdemeanors 
under the laws of other jurisdictions with the 
following exceptions: Class B Misdemeanor 
does expressly include, either first or subsequent 
offenses of driving while impaired if the maxi- 
mum allowable punishment is for a term of 
more than six months but not more than two 
years, and driving while license permanently 
revoked or permanently suspended. "Class B 
Misdemeanor" shall also include acts committed 
or omitted in North Carolina prior to October 1 , 
1994 in violation of any common law, duly 
enacted ordinance, or criminal statute, or crimi 
nal traffic code of this state for which the maxi- 
mum punishment allowable for the designated 
offense included imprisonment for a term of 
more than six months but not more than two 
years. Specifically excluded from the grouping 
of "Class B misdemeanors" committed or omit- 
ted in North Carolina prior to October \_^ 1994 
are motor vehicle or traffic offenses designated 
as being misdemeanors under Chapter 20 (motor 
vehicles) of the General Statutes of North Caro- 
lina, with the following exceptions: "Class B 
misdemeanors" committed or omitted in North 
Carolina prior to October Xi 1994 expressly 
include, either first or subsequent offenses of 
G.S. 20-138(a) or (t). G.S. 20-166 (duty to stop 



in the event of an accident). G.S. 20-138.1 
(impaired driving) if the defendant was sen- 
tenced under punishment level one [G.S. 20- 
179g1 or punishment level two [G.S. 20-179(h)1 
for the offense, and shall also include a violation 
of G.S. 20-28(1?) [driving while license perma- 
nently revoked or suspended]. 

(11) "Felony" means any offense designated a felony 
by the laws, statutes, or ordinances of the jurisdic- 
tion in which the offense occurred. 

(12) "Dual Certification" means that a justice officer 
holds probationary, general, or grandfather certifi- 
cation as both a deputy sheriff and a jail e r deten- 
tion officer with the same employing agency. 

(13) "Jailor" "Detention Officer" means any person 
performing responsibilities, either on a full-time, 
part-time, permanent or temporary basis, which 
include but are not limited to the control, care, 
and super\'ision of any inmates incarcerated in a 
county jail or other confinement facility under the 
direct supervision and management of the sheriff. 
"Detention Officer" shall also mean the adminis- 
trator and the other custodial personnel of district 
confinement facilities as defined in G.S. 153A- 
219. 

(14) "Deputy SherifT means any person who has been 
duly appointed and sworn by the sheriff and who 
is authorized to exercise the powers of arrest in 
accordance with the laws of North Carolina. 

(15) "Commission" as it pertains to criminal offenses 
shall mean a finding by the North Carolina Sher- 
iffs" Education and Training Standards Commis- 
sion or an administrative body, pursuant to the 
provisions of Chapter 150B of the North Carolina 
General Statutes, that a person performed the acts 
necessary to satisfy the elements of a specified 
criminal offense. 

(16) "Sworn Law Enforcement Position" means a 
position with a criminal justice agency of the 
United States, any state, or a political subdivision 
of any state which, by law, has general pKJwer of 
arrest held by a person who has successfully 
completed the Nortii Carolina Basic Law Enforce- 
ment Training Course. 

Statutory Authority G.S. 17E-7. 

.0105 ADMINISTRATIVE HEARING PROCEDURES 

(a) Administrative hearings in contested cases conducted 
by the Commission or an administrative law judge (as 
authorized in G.S. 150B-40) shall be governed by: 

(1) procedures set out in Article 3A of G.S. Chapter 
150B; 

(2) insofar as relevant, the Rules of Civil Procedure 
as contained in G.S. lA-1; 

(3) insofar as relevant, the General Rules of Prac- 
tice for the Superior and District Courts as 
authorized by G.S. 7A-34 and found in the 



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Rules Volume of the North Carolina General 
Statutes. 

(b) The rules establishing procedures for contested cases 
adopted by the Office of Administrative Hearings as 
contained in Title 26, Chapter 3 of the North Carolina 
Administrative Code are hereby incorporated by reference 
and shall automatically include any later amendments and 
editions of the referenced materials as provided by G.S. 
150B-21.6. 

(c) Provided, however, that if the case is conducted under 
G.S. 150B-40(b), the presiding officer shall have the powers 
and duties given to the Chief Administrative Law Judge or 
the presiding Administrative Law Judge in Title 26, Chapter 
3 of the North Carolina Administrative Code. 

(d) An applicant for certification or a certified officer 
shall have 6© 30 days ftxjm the date of receipt of a notice of 
proposed action by the Commission to request a contested 
case hearing. 

Stamory Authority G.S. 150B-20; 150B-21.6; 150B-38(h); 
1508-40; 17E-9(b). 

SECTION .0200 - ENFORCEMENT RULES 

.0204 SUSPENSION: REVOCATION: OR DENIAL 
OF CERTIFICATION 

(a) The Commission shall revoke or deny the certification 
of a justice officer when the Commission finds that the 
applicant for certification or the certified officer has com- 
mitted or been convicted of: 

(1) a felony unless pardoned by the Govomor ; or 

(2) a crime for which the authorized punishment 
could have been imprisonment for more than 
two years. 

(b) The Commission shall revoke, deny, or suspend the 
certification of a justice officer when the Commission finds 
that the applicant for certification or the certified officer: 

(1) has not enrolled in and satisfactorily completed 
the required basic training course in its entirety 
within a time period specified by the Commis- 
sion; or 

(2) fails to meet or maintain any of the minimum 
employment or certification standards required 
by 12 NCAC lOB .0300; or 

(3) fails to satisfactorily complete the minimum 
in-service training requirements as presented in 
12 NCAC lOB .2000 and .2100; or 

(4) has refused to submit to the drug screen as 
required in 12 NCAC lOB .0301(6) or 
.0406(b)(4) or in connection with an application 
for or certification as a justice officer or a 
criminal justice officer as defined in 12 NCAC 
9A .0103(6); or 

(5) has produced a positive result on any drug 
screen reported to the Commission as specified 
in 12 NCAC lOB .0410 or reported to any 
commission, agency, or board established to 



certify, pursuant to said commission, agency, or 
boards' standards, a person as a justice officer 
or a criminal justice officer as defined in 12 
NCAC 9A .0103(6), unless the fwsitive result is 
explained to the Commission's satisfaction. 

(c) The Commission may revoke, deny, or suspend the 
certification of a justice officer when the Commission finds 
that the applicant for certification or certified justice officer: 

(1) has knowingly made a material misrepresentation 
of any information required for certification or 
accreditation from the Commission or the North 
Carolina Criminal Justice Education and Train- 
ing Standards Commission; or 

(2) has knowingly and designedly by any means of 
false pretense, deception, fraud, misrepresenta- 
tion or cheating whatsoever, obtained or at- 
tempted to obtain credit, training or certification 
from the Commission or the North Carolina 
Criminal Justice Education and Training Stan- 
dards Commission; or 

(3) has knowingly and designedly by any means of 
false pretense, deception, fraud, misrepresenta- 
tion or cheating whatsoever, aided another in 
obtaining or attempting to obtain credit, training, 
or certification from the Commission or the 
North Carolina Criminal Justice Education and 
Training Standards Commission. This Rule 
shall also apply to obtaining or attempting to 
obtain in-service firearms requalification as 
required by 12 NCAC lOB .2000 and .2100; or 

(4) has been removed from office by decree of the 
Superior Court in accordance with the provisions 
of G.S. 128-16 or has been removed from office 
by sentence of the court in accord with the 
provisions of G.S. 14-230; or 

(5) has been denied certification or had such certifi- 
cation suspended or revoked by the North Caro- 
lina Criminal Justice Education and Training 
Standards Commission. 

(d) The Commission may revoke, suspend or deny the 
certification of a justice officer when the Commission finds 
that the applicant for certification or the certified officer has 
committed or been convicted of: 

(1) a crime or unlawful act defined in 12 NCAC 
lOB .0103(10)(b) as a Class B misdemeanor and 
which occurred after the date of initial certifica- 
tion; or 

(2) a crime or unlawful act defined in 12 NCAC 
lOB .0103(10)(b) as a Class B misdemeanor 
within the five-year period prior to the date of 
appointment; or 

(3) four or more crimes or unlawful acts defined in 
12 NCAC lOB .0103(10)(b) as Class B misde- 
meanors regardless of the date of commission or 
conviction; or 

(4) four or more crimes or unlawful acts defined in 
12 NCAC lOB .0103(10)(a) as a Class A misde- 



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726 



PROPOSED RULES 



meaner, each of which occurred after the dale of 
initial certification; or 

(5) four or more crimes or unlawful acts defined in 
12 NCAC lOB .0103(10)(a) as a Class A misde- 
meanor except the applicant may be certified if 
the last conviction or commission occurred more 
than r*o years prior to the date of appointment; 
or 

(6) any combination of four or more crimes or 
unlawful acts defined in 12 NCAC lOB 
.0103(10)(a) as a Class A misdemeanor or 
defined in 12 NCAC lOB .0103(10)(b) as a 
Class B misdemeanor regardless of the date of 
commission or conviction. 

(e) Without limiting the application of G.S. 17E, a person 
who has had his certification suspended or revoked may not 
exercise the authority or perform the duties of a justice 
officer during the period of suspension or revocation. 

(f) Without limiting the application of G.S. 17E. a person 
who has been denied certification may not be employed or 
appointed as a justice officer or exercise the authority or 
perform the duties of a justice officer. 

Statutory Authoriry- G.S. 17E-7. 

SECTION .0300 - MINI^^J^I STANDARDS FOR 

EMPLOYMENT AND CERTIFICATION AS A 

JUSTICE OFFICER 

.0301 >nNIMUM STAiNT)ARDS FOR JUSTICE 
OFFICERS 

(a) Every Justice Officer employed or certified as— a 
D e putV ' Sh e riff or Jail e r in North Carolina shall: 

(1) be a citizen of the United States; 

(2) be at least 21 years of age; 

(3) be a high school graduate, or the equivalent 
(GED);^ 

(4) have been fingerprinted by the employing 
agency; 

(5) have had a medical examination by a licensed 
physician; 

(6) have produced a negative result on a drug screen 
administered according to the following specifi- 
cations: 

(A) the drug screen shall be a urine test consisting 
of an initial screening test using an immunoas- 
say method and a confirmatory test on an 
initial fxssitive result using a gas chromatogra- 
phy/mass spectrometry (GC/MS) or other 
reliable initial and confirmatory tests as may, 
from time to time, be authorized or mandated 
by the Department of Health and Human 
Services for Federal Workplace Drug Testing 
Programs; and 

(B) a chain of custody shall be maintained on the 
specimen from collection to the eventual 
discarding of the specimen; and 

(C) the drugs whose use shall be tested for shall 



include at least cannabis, cocaine, phencycli- 
dine (PCP), opiates and amphetamines or their 
metabolites; and 

(D) the test threshold values established by the 
Department of Health and Human Services for 
Federal Workplace Drug Testing Programs are 
hereby incorporated by reference, and shall 
automatically include any later amendments 
and editions of the referenced materials. 
Copies of this information may be obtained 
from the National Institute on Drug Abuse, 
5600 Fisher Lane, Rockville, Maryland 20857 
at no cost at the time of adoption of this Rule; 
and 

(E) the test conducted shall be not more than 60 
days old, calculated from the time when the 
laboratory reports the results to the date of 
employment; and 

(F^ the laboratory conducting the test must be 
certified for federal workplace drug testing 
programs, and must adhere to applicable 
federal rules, regulations and guidelines per- 
taining to the handling, testing, storage and 
preservation of samples, except that individual 
agencies may specify other drugs to be tested 
for in addition to those drugs set out in Part 
(C) of this Rule; 
(G) every agency head shall be responsible for 
making adequate arrangements for the services 
of a medical review officer (MRO) for the 
purpose of review of drug tests reported by the 
laborator>' and such officer shall be a licensed 
physician. 
(7) imm e diat e ly within five working days notify the 
Standards Division and the appointing depart- 
ment head in writing of all criminal offenses 
with which the officer is charged; and shall also 
give notification, in writing, to the Standards 
Division and the appointing department head 
following the adjudication of these criminal 
charges. This shall include all criminal offenses 
except minor traffic offenses and shall specifi- 
cally include any offense of Driving Under The 
Influence (DUI) or Driving While Impaired 
(DWl). A minor traffic offense is defined, for 
purposes of this Subparagraph, as an offense 
where the maximum punishment allowable is 60 
days or less. Other offenses under G.S. 20 
(Motor Vehicles) or similar laws of other juris- 
dictions which shall be reported to the Division 
expressly include G.S. 20-139 (persons under 
the influence of drugs), G.S. 20-28(13) (driving 
while license revoked or p)ermanently suspended) 
and G.S. 20-166 (duty to stop in event of acci- 
dent). The initial notification required must 
specify the nature of the offense, the date of 
offense, and the arresting agency. The notifica- 
tions of adjudication required must specify the 



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PROPOSED RULES 



nature of the offense, the court in which the case 
was handled and the date of disposition, and 
must include a certified copy of the final disposi- 
tion from the Clerk of Court in the county of 
adjudication. The notifications of adjudication 
must be received by the Standards Division 
within 30 days of the date the case was disposed 
of in court. Officers required to notify the 
Standards Division under this Subparagraph shall 
also make the same notification to their employ- 
ing or appointing department head within 20 
days of the date the case was disposed of in 
court. The department head, provided he has 
knowledge of the officer's charge(s), shall also 
notify the Division within 30 days of the date the 
case was disposed of in court. Receipt by the 
Standards Division of a single notification, of 
the initial offenses charged and of adjudication 
of those offenses, from either the officer or the 
department head, is sufficient notice for compli- 
ance with this Subparagraph; 

(8) be of good moral character; 

(9) have a thorough background investigation con- 
ducted by the employing agency, to include a 
personal interview prior to employment; 

(10) not have committed or been convicted of a crime 
or crimes as specified in 12 NCAC lOB .0307. 

(b) The requirements of this Rule shall apply to all 
applications for certification and shall also be applicable at 
all times during which the justice officer is certified by the 
Commission. 

Statutory Authority G.S. 17E-7; 95-230 et seq. 

.0304 MEDICAL EXAMINATION 

(a) Each applicant shall complete the Commission's 
Medical History Statement Form (F-1) and shall be exam- 
ined by a physician or surgeon licensed in North Carolina 
to help determine his/her fitness in carrying out the physical 
requirements of the position of deputy sheriff or jailer 
detention officer . The examining physician shall read and 
sign the F-2A form attached to the Medical Examination 
RefKJrt Form (F-2) prior to beginning the examination. The 
examining physician shall record the results of the examina- 
tion on the Medical Examination Repon Form (F-2) and 
sign and date the form. The F-2 form shall be valid one 
year from the date the Medical Examination was completed 
and signed by the physician. The physical examination shall 
be conducted and the Medical Examination Report Form 
(F-2) and the Medical History Statement Form (F-1) shall 
be completed prior to whichever of the following occurs 
first: 

(1) the applicant's beginning the Jail e r Detention 
Officer Certification Course and/or the Basic 
Law Enforcement Training Course; or 

(2) the applicant's applying to the Commission for 
certification. 



(b) Although not presently required by these Rules, it is 
recommended by the Commission that each candidate for the 
jxjsition of justice officer be examined by a licensed psychi- 
atrist or clinical psychologist, or be administered a psycho- 
logical evaluation test battery, to determine his/her suitabil- 
ity to perform the essential job fiinctions of a justice officer. 

Statutory Authority G.S. 17E-7. 

.0307 CRIMINAL fflSTORY RECORD 

(a) Consistent with and subject to the requirements of 12 
NCAC lOB .0204, every justice officer employed or 
certified in North Carolina shall not have committed or been 
convicted by a local, state, federal or military court of: 

(1) a felony; folony. unloss pordonod by tho Govor 
seri or 

(2) a crime for which the punishment could have 
been imprisonment for more than two years; or 

(3) a crime or unlawful act defined as a "Class B 
Misdemeanor" within the five year period prior 
to the date of appointment; or 

(4) four or more crimes or unlawful acts defined as 
"Class B Misdemeanors" regardless of the date 
of conviction or commission; or 

(5) four or more crimes or unlawful acts defined as 
"Class A Misdemeanors" except the applicant 
can be employed if the last conviction or com- 
mission occurred more than two years prior to 
the date of appointment. 

(b) The requirements of this Rule shall be applicable at all 
times during which the officer is certified by the Commis- 
sion and shall also apply to all appUcations for certification. 

Statutory Authority G.S. 17E-7. 

SECTION .0400 - CERTIFICATION OF JUSTICE 
OFFICERS 

.0401 CERTIFICATION OF SHERIFFS' 
DEPARTMENT PERSONNEL 

Every person performing the duties of a deputy sheriff or 
a jail e r detention officer as defined in 12 NCAC lOB .0103 
(13) and (14), except those certified pursuant to 12 NCAC 
lOB .0407, shall meet the certification requirements of this 
Subchapter. 

Statutory Authority G.S. 17E-4; 17E-7. 

.0402 PROBATIONARY CERTIFICATION 

All justice officers, except those transferred or reinstated 
pursuant to Rule .0406 shall serve a probationary certifica- 
tion period of one year; provided that the one year proba- 
tionary f)eriod has not been extended for cause pursuant to 
12 NCAC lOB .0303(c); .0503(a); or .0602(a). For certifi- 
cation as a deputy sheriff the probationary period begins on 
the date the officer took the Oath of Office. For certifica- 
tion as a jail e r detention officer , the probationary period 



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August 1, 1995 



728 



PROPOSED RULES 



begins on the date the officer was appointed as a jail e r 
detention officer . 

Statutory Authority G.S. 17E-4; 17E-7. 

.0403 PROBATIONARY CERTIFICATION 
REQUIREMENT 

(a) For certification as a deputy sheriff or a jail o r deten- 
tion officer , a Report of Appointment Doput)' Sh e riff/Jail e r 
Deput\' Sheriff/Detention Officer (F^) must be submitted to 
the Division. Report of Appointment forms must be 
submitted to the Division by the sheriffs department no 
later than ten days after the deputy sheriff has taken the 
Oath of Office or the jail e r detention officer has been 
appointed. The Division shall forward the justice officer's 
certification to the Department. 

(b) No justice officer probationary certification will be 
issued by the Division prior to the applicant meeting the 
conditions set forth in this Paragraph. As an additional 
requirement for probationary certification, the applicant shall 
meet the following requirements: 

(1) If the applicant for probationary certification is 
authorized to carry a firearm pursuant to the 
provisions of 12 NCAC lOB .2104, the employ- 
ing agency shall submit evidence of satisfactory 
completion of the employing agency's in-service 
firearms training and requalification program 
pursuant to 12 NCAC lOB .2000 and .2100; or 

(2) If the applicant for probationary certification is 
not authorized to carry a firearm pursuant to the 
provisions of 12 NCAC lOB .2104, the employ- 
ing agency shall notify the Division, in writing, 
that the applicant is not authorized to cany a 
firearm. 

Statutory Authority G.S. 17E-4: 17E-7. 

.0405 REPORT OF SEPARATION 

(a) An agency separating a person from employment or 
appointment as a justice officer shall, not later than ten days 
after seisaration, forward to the Division a completed Report 
of Separation (F-5). 

(b) Although not presently required by these Rules, it is 
recommended by the Commission that the employing agency 
cancel the oath of office of a justice officer who has 
separated, s e parat e d, and that the justice officer b e notifi e d 
by the employing agency of the effective date of separation 
OS reported to the Division. 

(cj It is required that the justice officer be notified by the 
employing agency with appropriate notations on the Report 
of Separation (Form F-5), of the effective date of separation 
as reported to the Division. 

Statutory Authority G. S. 1 7E-4. 

.0407 CERTIFICATION OF FORAIER SHERIFF 

(a) The Division shall issue a General Certification to any 
person as either a deputy sheriff or a jai le r detention officer 



who has previously served as an elected or appointed 
sheriff, if the person: 

(1) applies to the Commission within one year of 
ceasing to serve as an elected or appointed 
sheriff; and 

(2) has served as an elected or appointed sheriff for 
a minimum of eight years; and 

(3) left the office of sheriff in good standing. 

Q6) In order for an officer to be certified under this Rule 
.0407, there must be: 

(1) compliance with the Report of Appointment 
form requirement of Rule .0403; 

(2) submitted to the Division, a copy of the Oath of 
Office for applicants requesting certification as 
a deputy sheriff; and 

(3) submitted to the Division verification that the 
applicant meets the requirement of this Rule 
.0407(a)(2). 

Statutory Authority G.S. 17E-4; 17E-7. 

.0408 VERmCATION OF RECORDS TO DFVISION 

(a) Prior to the probationary certification of each justice 
officer, for the purpose of verifying compliance with these 
Rules, the employing agency shall submit to the Division, 
along with the Report of Appointment (F-4), copies of the 
following documents: 

(1) verification of the applicant's compliance with 
the educational requirement pursuant to 12 
NCAC lOB .0302(a); 

(2) certified copy of the applicant's Oath of Office, 
if applying for certification as a deputy sheriff; 

(3) the apphcant's Medical History Statement (F-l); 

(4) the apphcant's Medical Examination Report (F-2 
and F-2A); 

(5) the applicant's notarized Personal History State- 
ment (F-3); 

(6) a summary of the applicant's background inves- 
tigation; 

(7) documentation of negative results on a drug 
screen pursuant to 12 NCAC lOB .0301(6); 

(8) certified copies of criminal charges and disposi- 
tions as required in 12 NCAC lOB .0305(e) and 
(f); and 

(9) verification of the applicant's compliance with 
the probationary certification requirements 
pursuant to 12 NCAC lOB .0403(b). 

(b) Compliance with this Rule is waived, with the 
exception of the requirements of 12 NCAC lOB .0408(a)(9), 
for officers applying for dual certification as defmed in 12 
NCAC lOB .0103(12) provided that: 

(1) the officer holds a valid certification as either a 
deputy sheriff or jailer detention officer with the 
employing agency requesting dual certification; 
and 

(2) the officer has not had a break in service since 
initial certification with the employing agency 
requesting dual certification. 



729 



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August 1, 1995 



10:9 



PROPOSED RULES 



(c) All information maintained pursuant to the require- 
ments of this Rule shall be subject to all state and federal 
laws governing confidentiality. 

Statutory Authority G.S. 17E-4; 17E-7. 

.0409 EMPLOYESfG AGENCY RETENTION OF 
CERTmCATION RECORDS 

(a) Each employing agency shall place in the appropriate 
justice officer's personnel file the official notification of 
either probationary or general certification. Such files shall 
be available for examination at any reasonable time by 
representatives of the Commission for the purpose of 
verifying compliance with these Rules. Each personnel file 
shall also contain: 

(1) a copy of the applicant's Report of Appointment 
(F-4); 

(2) verification of the applicant's compliance with 
the educational requirement pursuant to 12 
NCAC lOB .0302(a); 

(3) a certified copy of the applicant's Oath of Of- 
fice, if applying for certification as a deputy 
sheriff; 

(4) the results of the applicant's fingerprint records 
check and the crimLnal history records check; 

(5) the applicant's Medical History Statement (F-1); 

(6) the applicant's Medical Examination Report (F-2 
and F-2 A); 



(7) the applicant's Personal History Statement (F-3); 

(8) a summary of the applicant's background inves- 
tigation; 

(9) a copy of a commission-approved Firearms 
Requalification Record Form; 

(10) documentation of negative results on drug screen 
pursuant to 12 NCAC lOB .0301(a)(6); and 

(11) verification of the applicant's compliance with 
the probationary certification requirements 
pursuant to 12 NCAC lOB .0403(b). 

(b) Compliance with this Rule is waived, with the 
exception of the requirements of 12 NCAC lOB .0409(11), 
for officers applying for dual certification as defined in 12 
NCAC lOB .0103(12) provided that: 

(1) the officer holds a valid certification as either a 
deputy sheriff or jailor detention officer with the 
employing agency requestmg dual certification; 
and 

(2) the officer has not had a break in service since 
initial certification with the employing agency 
requesting dual certification. 

(c) All information maintained pursuant to the require- 
ments of this Rule shall be subject to all state and federal 
laws governing confidentiality. 

Statutory Authority G. S. 1 7E-4. 



SECTION .0500 - MINIMUM STANDARDS OF TRAINING FOR DEPUTY SHERIFFS 



.0502 BASIC LAW ENFORCEMENT TRAEW>JG COURSE FOR DEPUTIES 

(a) The Commission hereby adopts as its required minimum Basic Law Enforcement Training Course 444 
instruction to include the following identified topic areas and minimum instructional hours for each area: 



(1) 


Course Orientation 


(2) 


Constitutional Law 


(3) 


Laws of Arrest, Search and 




Seizure 


(4) 


Mechanics of Arrest; Arrest 




Procedure 


(5) 


Law Enforcement Communications and Information Systems 


(6) 


Elements of Criminal Law 


(7) 


Defensive Tactics 


(8) 


Juvenile Laws and Procedures 


(9) 


First Responder 


(10) 


Firearms 


(11) 


Patrol Techniques 


(12) 


Crime Prevention Techniques 


(13) 


Field Notetaking and Report 




Writing 


(14) 


Mechanics of Arrest: Vehicle Stops 


(15) 


Mechanics of Arrest: Custody Procedures 


(16) 


Mechanics of Arrest: Processing Arrestee 


(17) 


Crisis Management 


(18) 


Special Populations 


(19) 


Civil Disorders 


(20) 


Criminal Investigation 



472 hours of 


2 hours 


4 hours 


16 hours 


8 hours 


4 hours 


24 hours 


16 hours 


8 hours 


40 hours 


40 hours 


16 hours 


4 hours 


12 hours 


6 hours 


2 hours 


4 hours 


10 hours 


12 hours 


8 hours 


28 hours 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



730 



PROPOSED RULES 



8 hours 


6 hours 


4 hours 


12 hours 


20 hours 


6 hours 


44 44 hours 


12 hours 


4 hours 


4 hours 


24 hours 


8 hours 


43 hours 


13 hours 



(21) Interviews: Field and 
In-Custody 

(22) Controlled Substances 

(23) ABC Laws and Procedures 

(24) Electrical and Hazardous Material Emergencies 

(25) Motor Vehicle Law 

(26) Techniques of Traffic Law Enforcement 

(27) Law Enforcement Driver 
Training 

(28) Preparing For Court and Testifying in Court 

(29) Dealing with Victims and 
the Public 

(30) Ethics of Professional Law Enforcement 

(31) Civil Process 

(32) Supplemental Custody 
Procedures 

(33) Physical Fitness Training 

(34) Testing 

TOTAL HOURS 444 472 hours 

(b) The "Basic Law Enforcement Training Manual" as published by the North Carolina Justice Academy is hereby 
incorporated by reference, and shall automatically include any later amendments and editions of the incorporated matter, to 
apply as basic curriculum for this Basic Law Enforcement Training Course. Copies of this manual may be obtained by 
contacting the North Carolina Justice Academy, Post Office Box 99, Salemburg, North Carolina 28385-0099. The cost of 
this manual is eighty dollars ($80.00) at the time of adoption of this Rule. 

(c) Consistent with the curriculum development policy of the Commission, the Commission shall designate the developer 
of the Basic Law Enforcement Training Course curricula and such designation shall be deemed by the Commission as 
approval for the developer to conduct pilot Basic Law Enforcement Training Courses. Individuals who successfully complete 
such a pilot Basic Law Enforcement Training Course offering shall be deemed to have successfully complied with and 
satisfied the minimum training requirement. 

(d) The rules governing Minimum Standards for Completion of Training, codified as Title 12, Subchapter 9B, Section 
.0400 of the North Carolina Administrative Code, and previously incorporated by the North Carolina Criminal Justice 
Education and Training Standards Commission, are hereby incorporated by reference, and shall, automatically include any 
later amendments and editions of the adopted matter to apply to actions of the North Carolina Sheriffs' Education and 
Training Standards Commission. 

Statutory Authority G.S. 17E-4(a). 

.0503 TIME REQ/COMPLETION/BASIC LAW ENFORCEMENT TRAINING COURSE 

(a) Each deputy sheriff holding temporary or probationary certification shall satisfactorily complete a commis- 
sion-accredited basic training course. The deputy shall complete such course within one year from the date of his/her Oath 
of Office. Any deputy sheriff who does not comply with this Rule or other training provisions of this Chapter shall not be 
authorized to exercise the powers of a deputy sheriff and shall not be authorized to exercise the jxiwer of arrest. If, 
however, an officer has enrolled in a commission-accredited basic law enforcement training program that concludes later 
than the end of the officer's probationary period, the Commission may extend, for good cause shown, the probationary period 
for a period not to exceed 12 months. 

(b) Persons having completed a commission-accredited basic law enforcement training program and not having been duly 
appointed and certified in a sworn law enforcement position as defined in 12 NCAC lOB .0103(16) within one year of 
completion of the basic law enforcement training course shall complete a subsequent commission-accredited basic recruit 
training program in its entirety and successfully pass the State Comprehensive Examination within the 12 month probationary 
period as prescribed in 12 NCAC lOB .0402, unless the Director determines that a delay Ln applying for certification was 
due to simple negligence on the part of the applicant or employing agency, in which case the Director may accept a 
commission-accredited basic training program which is over one year old. Such extension of the one year p>eriod shall not 
exceed 30 days from the expiration date of a commission-accredited basic training program. 

Statutory Authoritx G.S. 17E-4: 17E-7. 



731 NORTH CAROLINA REGISTER August 1, 1995 10:9 



PROPOSED RULES 



.0505 EVALUATION FOR TRAINING WAIVER 

(a) The Division staff shall evaluate each deputy's training and experience to determine if equivalent training has been 
satisfactorily completed as specified in 12 NCAC lOB .0504(a). Applicants for certification with prior law enforcement 
experience shall have been employed in a sworn law enforcement position in order to be considered for training evaluation 
under this Rule. The following rules shall be used by Division staff in evaluating a deputy's training and experience to 
determine eligibility for a waiver of training. 

(1) Persons who separated from a sworn law enforcement position during their probationary period after having 
completed a commission-accredited Basic Law Enforcement Training Course and who have been separated from 
a sworn law enforcement position for one year or less shall serve the remainder of the initial probationary period 
in accordance with G.S. 17E-7(b), but need not complete an additional training program. 

(2) Persons who separated from a sworn law enforcement position during their probationary period without having 
completed Basic Law Enforcement Training, or whose certification was suspended pursuant to 12 NCAC lOB 
.0204(b)(1), and who have remained separated or suspended for over one year shall complete a commis- 
sion-accredited Basic Law Enforcement Training Course in its entirety and successfiilly pass the State 
Comprehensive Examination, and shall be allowed a 12 month probationary period as prescribed in 12 NCAC 
lOB .0503(a). 

(3) Out-of-state transferees shall be evaluated to determine the amount and quality of their training and experience. 
Out-of-state transferees: 

(A) shall have a minimum of two years full-time sworn law enforcement experience; 

(B) shall not have a break in service exceeding two years; and 

(C) shall have successfully completed the Basic Law Enforcement Training Course accredited by the state from 
which he/she is transferring. Out-of-state transferees meeting these requirements shall successfully complete 
a commission-accredited Basic Law Enforcement Training Course which includes the following topics of North 
Carolina law and procedure and successfully pass the State Comprehensive Examination in its entirety within 
the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(i) Laws of Arrest, Search and Seizure 16 hours 

(ii) Elements of Criminal Law 24 hours 

(iii) Juvenile Laws and Procedures 8 hours 

(iv) Controlled Substances 6 hours 

(v) ABC Laws and Procedures 4 hours 

(vi) Motor Vehicle Laws 20 hours 

(vii) Civil Process 24 hours 

(viii) Supplemental Custody Procedures 8 hours 

(i*) Fir e armo Qualification (Handgun and Shotgun CourB e s) 



TOTAL HOURS 1 10 hours 

(4) Persons previously holding Grandfather law enforcement certification in accordance with G.S. 17C-10(a) or G.S. 
17E-7(a) who have been separated from a sworn law enforcement position for more than one year and who have 
not previously completed a minimum Basic Law Enforcement Training Course accredited by the North Carolina 
Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and 
Training Standards Commission shall be required to complete a commission-accredited Basic Law Enforcement 
Training Course in its entirety and successfully pass the State Comprehensive Examination within the 12 month 
probationary period as prescribed in 12 NCAC lOB .0503(a). 

(5) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the 
North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 
1, 1973 and continuing through September 30, 1978 and who have been separated from a sworn law enforcement 
position for more than one year but no more than two years shall be required to complete the following portions 
of a commission-accredited Basic Law Enforcement Training Course and successfiilly pass the State 
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Juvenile Law and Procedures 8 hours 

(B) Laws of Arrest, Search and Seizure 16 hours 

(C) Elements of Criminal Law 24 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 
(I^ Motor Vehicle Laws 20 hours 
(G) Law Enforcement Driver Training 16 hours 
(H) Civil Process 24 hours 



10:9 NORTH CAROLINA REGISTER August 1, 1995 732 



PROPOSED RULES 



(I) Supplemental Custody Procedures 8 hours 

(J) Firoarmo Qunlifioat i on (Handgun and Shotgun Courooo) 



TOTAL HOURS 126 hours 

(6) Persons who have completed a minimum 160-hour Basic Law Enforcement Training Course accredited by the 
North Carolina Criminal Justice Training and Standards Council under guidelines administered beginning on July 
1, 1973 and continuing through September 30, 1978 and who have been separated from a sworn law enforcement 
position for more than two years shall be required to complete a commission-accredited Basic Law Enforcement 
Training Course in its entirety regardless of training and experience and successfully pass the State 
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(7) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the 
North Carolina Criminal Justice Eiducation and Training Standards Commission and the North Carolina Sheriffs' 
Education and Training Standards Commission under guidelines administered beginning October 1, 1978 and 
continuing through September 30, 1984 and who have been separated from a sworn law enforcement position for 
over one year but no more than three years shall be required to complete the following portions of a 
commission-accredited Basic Law Enforcement Trammg Course and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

{I) Firoarma Qualification (Handgun and Shotgun Course s ) 



TOTAL HOURS 1 10 hours 

(8) Persons who have completed a minimum 240-hour Basic Law Enforcement Training Course accredited by the 
North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina Sheriffs' 
Education and Training Standards Commission under guidelines administered beginning October 1, 1978 and 
continuing through September 30, 1984 and who have been separated from a sworn law enforcement position for 
more than three years shall be required to complete a commission-accredited Basic Law Enforcement Training 
Course in its entirety regardless of prior training and expenence and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(9) Persons who have completed a minimum 381 hour Basic Law Enforcement Training Course accredited by the 
North Carolina Sheriffs' Iklucation and Training Standards Commission under guidelines administered beginning 
October 1, 1984 and ending December 31, 1988 and who have been separated from a sworn law enforcement 
position for over one year but no more than three years shall be required to complete the following portions of 
a commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle L^ws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

0^ Firearms Qualification (Handgun and Shotgun Courses) 



TOTAL HOURS 1 10 hours 

(10) Persons transferring to a sheriffs department from another law enforcement agency who hold certification issued 
by the North Carolina Criminal Justice Iklucation and Training Standards Commission and who have previously 
completed a commission-accredited Basic Law Enforcement Training Course beginning on or after October 1, 
1984 and who have been separated from a sworn law enforcement position for no more than one year or who 
have had no break in service shall be required to complete the following enumerated topics of a commis- 

733 NORTH CAROLINA REGISTER August 1, 1995 10:9 



PROPOSED RULES 



sion-accredited Basic Law Enforcement Training Course and successfully pass that portion of the State 
Comprehensive Examination which deals with those subjects within 12 months of the date of appointment as 
defined in 12 NCAC lOB .0103(1). 

(A) Civil Process 24 hours 

(B) Supplemental Custody Procedures 8 hours 



TOTAL HOURS 32 hours 

(11) Persons who have completed a minimum 369-hour Basic Law Enforcement Training Course accredited by the 
North Carolina Criminal Justice Education and Training Commission under guidelines beginning October 1, 1984 
and ending July 1, 1989 and who have been separated from a sworn law enforcement position for over one year 
but no more than three years shall be required to complete the following portions of a commission-accredited 
Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination within the 
12 month probationary period as prescribed In 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

^ Firoormo Qualifioation (Handgun and Shotgun Couro e o) 



TOTAL HOURS 1 10 hours 

(12) Persons who have completed a minimum 422-hour Basic Law Enforcement Training Course accredited by the 
North Carolina Sheriffs Education and Training Standards Commission under the guidelines administered 
beginning January 1, 1989 and ending February 1, 1991 and who have been separated from a sworn law 
enforcement position for over one year but no more than three years shall be required to complete the following 
portions of a commission-accredited Basic Law Enforcement Training Course and successfully pass the State 
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

(I) Firoamifl Qualification (Handgun and Shotgun Courses) 



TOTAL HOURS 1 10 hours 

(13) Persons who have previously completed a minimum 410-hour Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education and Training Standards Commission under guidelines 
administered beginning July 1, 1989 and ending February 1, 1991 and who have been separated from a sworn 
law enforcement pnasition for over one year but no more than three years shall be required to complete the 
following jjortions of a commission-accredited Basic Law Enforcement Training Course and successfully pass 
the State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

(I) Fir e armii Qualifioation (Handgun and Shotgun Cours e e) 



10:9 NORTH CAROLINA REGISTER August 1, 1995 734 



PROPOSED RULES 



TOTAL HOURS 1 10 hours 

(14) Persons who have completed a minimum 444-hour Basic Law Enforcement Training Course accredited by the 

North Carolina Sheriffs' Education and Training Standards Commission imder the guidelines administered 
beginning February 1, 1991 and ending January J_^ 1996 and who have been separated from a sworn law 
enforcement position for over one year but no more than three years shall be required to complete the following 
portions of a commission-accredited Basic Law Enforcement Training Course and successfully pass the State 
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

(I) Firoarmc Quolifioation (Handgun and Shotgun Couro e o) 



TOTAL HOURS 1 10 hours 

(15) Persons who have previously completed a minimum 432-hour Basic Law Enforcement Training Course accredited 
by the North Carolina Criminal Justice Education and Training Standards Commission imder guidelines 
administered beginning February 1, 1991 and who have been separated from a sworn law enforcement position 
for over one year but no more than three years shall be required to complete the following portions of a 
commission-accredited Basic Law Enforcement Training Course and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody Procedures 8 hours 

(i) Fir e ormfl Qualifioation (Handgun and Shotgun Gouroeo) 



TOTAL HOURS 1 10 hours 

(16) Persons who have completed training as a federal law enforcement officer and are apjxiinted as a deputy sheriff 
in North Carolina shall be required to complete a commission-accredited Basic Law Enforcement Training Course 
in its entirety regardless of previous federal training and experience and successfully pass the State 
Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(17) Persons out of the law enforcement profession for over three years regardless of prior training or experience shall 
complete a commission-accredited Basic Law Enforcement Training Course in its entirety and successfully pass 
the State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB 
.0503(a). 

(18) Wildlife Enforcement Officers who completed the Basic Law Enforcement Training Course prior to September 
30, 1985 and are sworn as justice officers shall be subject to the evaluation rules as stated in 12 NCAC lOB 
.0505(a)(1) and (a)(4) through (11). 

(19) Wildlife Enforcement Officers who separate from employment with the Wildlife Enforcement Division and have 
less than one year break in service, who transfer to a Sheriffs Department in a sworn capacity, and who 
completed their Basic Training after September 30, 1985 shall complete the following blocs of instruction and 
pass the state exam in its entirety within one year of thoir date of appointmont oa defined in 12 NCAC lOB 
.0103(1). the 12 month probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Crime Prevention Techniques 4 hours 

(B) Mechanics of Arrest; Custody Procedure 2 hours 

(C) Mechanics of Arrest: Processing Arrestee 4 hours 

(D) Sp>ecial Populations 12 hours 

(E) Techniques of Traffic Law Enforcement 6 hours 

(F) Dealing with Victims and the Public 8 hours 

735 NORTH CAROLINA REGISTER August 1, 1995 10:9 



PROPOSED RULES 



(G) Civil Process 24 hours 

(H) Supplemental Custody Procedures 8 hours 

(I) Firottrms Qualification (Handgun and Shotgun Coui - aoo) 



TOTAL HOURS 68 hours 

(20) Wildlife Enforcement Officers who completed Basic Law Enforcement Training on or after September 30, 1985 

and have been out of a sworn position over one year but no more than three years, and are sworn as a justice 

officer must complete the following blocs of instructions and pass the state exam in its entirety during their 

probationary period as prescribed in 12 NCAC lOB .0503 (a). 

(A) Laws of Arrest Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Crime Prevention Techniques 4 hours 
(H) Mechanics of Arrest: Custody Procedures 2 hours 

(I) Mechanics of Arrest: Processing Arrestees 4 hours 

(J) Special Populations 12 hours 

(K) Techniques of Traffic Law Enforcement 6 hours 

(L) Dealing with Victims and the Public 8 hours 

(M) Civil Process 24 hours 

(N) Supplemental Custody Procedures 8 hours 
(G) Firoamifl Qualification (Handgun and Shotgun Courses) 



TOTAL HOURS 146 hours 

(21) Alcohol Law Enforcement Officers who completed the Basic Law Enforcement Training Course prior to April 
1, 1983 or after November 1, 1993, and are sworn as a justice officer shall be subject to the evaluation rules as 
prescribed in 12 NCAC lOB .0505(a)(3) through (8) and (a)(l'1) and (a)(14). (15) and (24) . 

(22) Alcohol Law Enforcement Officers who separate from employment with the Alcohol Law Enforcement Division 
and have less than a one year break in service, who transfer to a Sheriffs Department in a sworn capacity, and 
who completed their Basic Training administered beginning April 1, 1983 and ending November 1, 1993 shall 
complete the following blocs of instruction and pass the state comprehensive exam in its entirety within one y e ar 
of thoir dat e of appointment ao defined in 12 NCAC lOB .0103(1). the VI month probationary period as 
prescribed in 12 NCAC lOB .0503(a). 

(A) Law Enforcement Communication and Information Systems 4 hours 

(B) Patrol Techniques 16 hours 

(C) Crime Prevention Techniques 4 hours 

(D) Mechanics of Arrest: Vehicle Stops 6 hours 

(E) Mechanics of Arrest: Custody Procedures 2 hours 

(F) Mechanics of Arrest: Processing Arrestee 4 hours 

(G) Special Populations 12 hours 
(H) Interviews: Field and In-Custody 8 hours 

(I) Motor Vehicle Law 20 hours 

(J) Techniques of Traffic Law Enforcement 6 hours 

(K) Dealing with Victims and the Public 8 hours 

(L) Civil Process 24 hours 

(M) Supplemental Custody Procedures 8 hours 

(N) Firoarmo Qualifioation (Handgun and Shotgun Cours e ) 

TOTAL HOURS 122 hours 

(23) Alcohol Law Enforcement Officers who completed their Basic Training administered beginning April 1, 1983 
and ending November 1, 1993 and are sworn as a justice officer and who have been out of a sworn position for 
over one year but no more than three years shall complete the following blocs of instruction and pass the state 
examination in its entirety during their one year probationary period as prescribed in 12 NCAC lOB .0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and Procedures 8 hours 



10:9 NORTH CAROLINA REGISTER August I, 1995 736 



PROPOSED RULES 



(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Law Enforcement Communication and Information Systems 4 hours 

(G) Patrol Techniques 16 hours 
(H) Crime Prevention Techniques 4 hours 

(I) Mechanics of Arrest: Vehicle Stops 6 hours 

(J) Mechanics of Arrest: Custody Procedures 2 hours 

(K) Mechanics of Arrest: Processing Arrestee 4 hours 

(L) Special Populations 12 hours 

(M) Interviews: Field and In-Custody 8 hours 

(N) Motor Vehicle Law 20 hours 

(O) Techniques of Traffic Law Enforcement 6 hours 

(P) Dealing with Victims and the Public 8 hours 

(Q) Civil Process 24 hours 

(R) Supplemental Custody Procedures 8 hours 

{^ Firoarmo Qualification (Handgun and Shotgun Course) 

TOTAL HOURS 180 hours 
(24) Persons who have previously completed a minimum 472-hour Basic Law Enforcement Training Course accredited 
by the North Carolina Sheriffs' Education and Training Standards Commission, under the guidelines administered 

beginning January \^ 1996 and who have been separated from a sworn law enforcement position for over one 
year but no more than three years shall be required to complete the following portions of a commission-accredited 

Basic Law Enforcement Training Course and successfully pass the State Comprehensive Examination with the 
12 month probationary period as prescribed in 12 NCAC lOB ■0503(a). 

(A) Laws of Arrest, Search and Seizure 16 hours 

(B) Elements of Criminal Law 

(C) Juvenile Laws and Procedures 

(D) Controlled Substances 

(E) ABC Laws and Procedures 

(F) Motor Vehicle Laws 

(G) Civil Process 
(H) Supplemental Custody Procedures 

TOTAL HOURS 

(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior 
training and experience determines that required attendance in the entire Basic Law Enforcement Training Course would be 
impractical, the director is authorized to exercise his/her discretion in determining the amount of training those persons shall 
complete during their probationary period. 

Statutory Authority G.S. 17E-4; 17E-7. 

SECTION .0600 - MINIMUM STANDARDS OF TRAINING FOR DETENTION OITICERS 

.0601 JAILER DETENTION OFFICER CERTinCATION COURSE 

(a) This Section establishes the current minimum standard by which Sheriffs' Department persormel shall receive jailor 
detention officer training. These rules will serve to raise the level of jail e r detention officer training heretofore available 
to law enforcement officers across the state. The Jail e r Detention Officer Certification Course shall consist of a minimum 
of 455 140 hours of instruction designed to provide the trainee with the skills and knowledge necessary to perform those tasks 
considered essential to the administration and operation of a confinement facility. 

(b) Each Jail e r Detention Officer Certification Course shall include the following identified topic areas and approximate 
minimum instructional hours for each area: 

(1) Diisciplinar)' Procoduroa Orientation 2 hours 

(2) Contraband/Searches Criminal Justice System 6 3 hours 

(3) Transportation of Inmat e o Legal Aspects of Management & Supervision 6 19 hours 

(4) Proooooing Inmat e s Contraband/Searches 5 6 hours 

(5) Patrol and Emergency Procoduroa Processing Inmates 5 hours 

(6) RocroQtion and Visiting First Aid & CPR 3 10 hours 

(7) K e y and Tool Control Medical Care in the Jail 4- 5 hours 

(8) Str e oB Patrol & Security Functions of the Jail 3 5 hours 

737 NORTH CAROLINA REGISTER August 1, 1995 10:9 



24 hours 


8 hours 


6 hours 


4 hours 


20 hours 


24 hours 


8 hours 


1 10 hours 



PROPOSED RULES 



(9) Spooial Populations Key and Tool Control 5 2 hours 

(10) Modioal Coro in th e Jail Supervision & Management of Inmates 5 hours 

(11) Fir s t Aid and CPR ^National Sofotv Counoil) Suicides & Crisis Management 44 5 hours 

(12) Uummod Solf Dofonoo Introduction to Rules & Regulations Governing Jails 4* 2 hours 

(13) Writton Communioation Stress 3 2 hours 

(14) IjQgal Righto and Rooponoibiliti e s Investigative Process in the Jail 43 9 hours 

(15) Civil Liability' Unarmed Self-Defense 3 24 hours 

(16) Suicidoo in tho Jail Special Populations 4 hours 

(17) Introduction to Ruloo and Regulations Gov e rning Jail Faoiliti e o Transportation of Inmates 3- 6 hours 

(18) Role of tho Jailer in Sup e r i ^ision, Communioation, and Crioio Managomont Fire Emergencies 6 X2 hours 

(19) Handling Fire Emorgoncioa Physical Assessment 46 4 hours 

(20) Invofltigativo Dutioe of tho Jailor Review/Testing 4 7 hours 

(21) LiOgol Aopooto of Criminal Inv e stigation State Comprehensive Examination 3 hours 
(33) Tootif>'ing in Court A hours 

(33) Phyaioal Assooomont of Jailor s 4 houra 

(34) CommiBsion Exam 3 hours 



TOTAL HOURS 4^ HO hours 

(c) In addition to the requirements of Paragraph (b) of this Rule, the reading component of a standardized test shall be 
administered to each trainee within the first two weeks of the Jailor Detention Officer Certification Course, and the reading 
grade level repxDrted as a part of the trainee's official training records. The school director shall determine the test instrument 
to be used. 

(d) Consistent with the curriculum development policy of the Commission, the Commission shall designate the develop)er 
of the Jailor Detention Officer Certification Course curricula and such designation shall be deemed by the Commission as 
approval for the developer to conduct pilot Jail e r Detention Officer Certification Courses. Individuals who successfully 
complete such a pilot Jail e r Etetention Officer Certification Course offering shall be deemed to have successfiiUy complied 
with and satisfied the minimum training requirement. 

(e) The "Jatlef Detention Officer Certification Training Manual" as published by the North Carolina Justice Academy is 
hereby adopted by reference and shall automatically include any later amendments and editions of the adopted matter as 
authorized by G.S. 1 506- 14(c) to apply as the basic curriculum for the Jail e r Detention Officer Certification Course. 

(f) The " Jailor Detention Officer Certification Course Management Guide" as published by the North Carolina Justice 
Academy is hereby adopted by reference and shall automatically include any later amendments, editions of the adopted matter 
as authorized by G.S. 150B-14(c) to be used by certified school directors Ln planning, implementing and delivering basic 
jail e r detention officer training. Each certified school director shall be issued a copy of the guide at the time of certification 
at no cost to the accredited school. 

Statutory Authority G. S. 1 7E-4(a). 

.0602 TIME REQ/COMPLETION//DETENTION OFFICER CERT TRAINING COURSE 

(a) Each individual employed by a sheriffs dejDartment or a district confinement facility as a jailor detention officer holding 
probationary certification shall satisfactorily complete a commission-accredited jail e r detention officer training course. The 
individual shall complete such course within one year from the date of his original appointment as a jail e r detention officer 
as determined by the date of the probationary certification. Any individual employed as a jailor detention officer who does 
not comply with this Rule or other training provisions of this Chapter shall not be authorized to exercise the jxjwers of a 
jail e r detention officer . If, however, an individual has enrolled in a commission-accredited jail e r detention officer course 
that concludes later than the end of the individual's probationary jjeriod, the Commission may extend, for good cause shown, 
the probationary period for a period not to exceed six months. 

(b) Persons having completed a commission-accredited jailor detention officer training course and not having been duly 
apf)ointed and certified as a jail e r detention officer within one year of completion of the course shall complete a subsequent 
commission-accredited jail e r detention officer training course in its entirety and successfully pass the State Comprehensive 
Examination within the 12 month probationary period as prescribed in 12 NCAC lOB .0602(a), unless the Director 
determines that a delay in applying for certification was due to simple negligence on the part of the applicant or employing 
agency, in which case the Director may accept the commission-accredited jail e r detention officer training program which 
is over one year old. Such extension of the one year period shall not exceed 30 days from the expiration date of a 
commission-accredited jailor detention officer training program. 

Statutory Authority G.S. 17E-4. 



10:9 NORTH CAROLINA REGISTER August 1, 1995 738 



PROPOSED RULES 



.0603 EVALUATION FOR TRAINING WAIVER 

(a) The following rules shall be used by division staff in evaluating a jail e r's detention officer's training and experience 
to determine eligibility for a waiver of training: 

(1) Persons who have separated from a jailor detention officer position during the probationary period after having 
completed a commission-accredited jail e r detention officer training course and who have been separated from a 
jail e r detention officer position for more than one year shall complete a subsequent commission-accredited jailer 
detention officer training course in its entirety and successfiilly pass the State Comprehensive Examination within 
the 12 month probationary period as described in 12 NCAC lOB .0602(a). 

(2) Persons who separated from a jail e r detention officer position during their probationary period after having 
completed a commission-accredited jail e r detention officer training course and who have been separated from a 
jailor detention officer position for one year or less shall serve the remainder of the initial probationary period 
in accordance with G.S. 17E-7fb), but need not complete an additional training program. 

(3) Persons who separated from a jailor detention officer position during the probationary period without having 
completed a jailor detention officer training course or whose certification was suspended pursuant to 12 NCAC 
lOB .0204(l!)(l) and who have remained separated or suspended for over one year shall complete a 
commission-accredited jailor detention officer training course in its entirety and successfully pass the Slate 
Comprehensive E.xamination, and shall be allowed a 12 month probationary period as prescribed in 12 NCAC 
lOB .0602(a). 

(4) Persons holding General Jailer Detention Officer Certification who have completed a commission-accredited jailor 
detention officer training course and who have separated from a jailor detention officer position for more than 
one year shall complete a subsequent commission-accredited jaiW detention officer training course in its entirety 
and successfully pass the State Comprehensive Examination within the 12 month probationary period as 
prescribed in 12 NCAC lOB .0602(a). 

(5) Persons holding Grandfather Jailor Detention Officer Certification who separate from a jailor detention officer 
position and remain separated from a jail e r detention officer position for more than one year shall be required 
to complete a commission-accredited jaiW detention officer training program in its entirety and successfully pass 
the State Comprehensive Examination within the 12 month probationary period as prescribed in 12 NCAC lOB 
.0602(a). 

(6) Persons transferring to a sheriffs department from another law enforcement agency who hold a jail e r detention 
officer certification issued by the North Carolina Criminal Justice Education and Training Standards Commission 
shall be subject to evaluation of their prior training and experience on an individual basis. The Division staff 
shall determine the amount of training required of these applicants. 

(7) Persons holding general certification as a correctional officer issued by the North Carolina Criminal Justice 
Education and Training Standards Commission and who: 

(A) completed training as a correctional officer after January 1, 1981; and 

(B) transfer to a sheriffs department or a district confinement facility in a jailor detention officer position; and 

(C) have had less than a one year break in service, or no break in service, shall serve a 12-month probationary 
period as prescribed in 12 NCAC lOB .0602(a) and shall complete the following topic areas in a commission- 
accredited jailef detention officer certification course and take the state examination in its entirety during that 
probationary period: 

(i) Disciplinary Proooduros Orientation 2 hours 

(ii) M e dical Car e in th e Jail Legal Aspects of Jail Management & Super\ision & J_9 hours 

(iii) Legal Rights and Rospon s ibilitios Medical Care in the Jail 43 5 hours 

(iv) Civil Liability Investigative Process in the Jail 3 9 hours 

(v) Suicides and Crisis Management 4 5 hours 

(vi) Introduction to Rules and Regulations Governing Jail Facilities 3 2 hours 

(vii) Handling Fire Emergencies in the Jail +6 \2 hours 

(viii) Investigative Duties of the Jailor 3 hour s 

(i*) L e gal Asp e cts of Criminal Inv e otigation 3 hours 



TOTAL HOURS 50 54 hours 

(b) In those instances not specifically incorporated within this Section or where an evaluation of the applicant's prior 

training and experience determines that required attendance in the entire Jail e r Detention Officer Training Course would be 

impractical, the director is authorized to exercise his/her discretion in determining the amount of training those persons shall 

complete during their probationary period. 

Statutory Authority G.S. 17E-4; 17E-7. 



739 NORTH CAROLINA REGISTER August I, 1995 10:9 



PROPOSED RULES 



.0604 TRAINEE ATTENDANCE 

(a) Each trainee enrolled in an accredited " Jailor Detention Officer Certification Course" shall attend all class sessions. 
The sheriff shall be responsible for the trainee's regular attendance at all sessions of the jeiW detention officer training 
course. 

(b) The school director may recognize valid reasons for class absences and may excuse a trainee from attendance at 
specific class sessions. However, in no case may excused absences exceed ten percent of the total class hours for the course 
offering. 

(c) If the school director grants an excused absence firom a class session, he shall schedule appropriate make-up work and 
ensure the satisfactory completion of such work during the current course presentation or in a subsequent course delivery 
as is permissible under 12 NCAC lOB .0605. 

(d) A trainee shall not be eligible for administration of the State Comprehensive Examination nor certification for 
successfiil course completion if the cumulative total of class absences, with accepted make-up work, exceeds ten j>ercent of 
the total class hours of the accredited course offering and should be expediently terminated from further course participation 
by the school director at the time of such occurrence. 

(e) The school director may terminate a trainee from course participation or may deny certification of successful course 
completion where the trainee is habitually tardy to, or regularly departs early from, class meetings or field exercises. 

(f) Where a trainee is enrolled in a program as required in 12 NCAC lOB .0601, attendance shall be 100 percent in order 
to receive a successful course completion. 

Statutory Authority G.S. 17E-4; 17E-7. 

.0605 COMPLETION OF DETENTION OFTICER CERTIFICATION COURSE 

(a) Each delivery of an accredited " Jailor Detention Officer Certification Course" is considered to be a unit as set forth 
in 12 NCAC lOB .0601 . Each trainee shall attend and satisfactorily complete a full course during a scheduled delivery. 
The school director mav develop supplemental rules as set forth in \2 NCAC 108 ■0704(a')(7'). but mav not add substanitive 
courses, or change or expand the substance of the courses set forth in 12 NCAC lOB .0601. This Rule does not prevent 
the instruction on local agency rules or standards but such instruction will not be considered or endorsed by the Commission 
for purposes of certification. The Director may issue prior written authorization for a specified trainee's limited enrollment 
in a subsequent delivery of the same course where the school director provides evidence that: 

(1) The trainee attended and satisfactorily completed specified class hours and topics of the " Jail e r Training" cours e 
"Detention Officer Certification Course" but through extended absence occasioned by illness, accident, 
emergency, or other good cause was absent for more than ten percent of the total class hours of the course 
offering; or 

(2) The trainee was granted excused absences by the school director that did not exceed ten percent of the total class 
hours for the course offering and the school director could not schedule appropriate make-up work during the 
current course offering as specified in 12 NCAC lOB .0604(c) due to valid reasons; or 

(3) The trainee participated in an offering of the " Jail e r Detention Officer Certification Course" but had an identified 
deficiency in essential knowledge or skill in either one, two or three, but no more than three, of the specified 
topic areas incorporated in the course content as prescribed under 12 NCAC lOB .0601(b). 

(b) An authorization of limited enrollment in a subsequent course delivery may not be used by the Director unless in 
addition to the evidence required by Paragraph (a) of this Rule: 

(1) The trainee submits a written request to the Director, justifying the limited enrollment and certifying that the 
trainee's participation shall be accomplished pursuant to Paragraph (c) of this Rule; and 

(2) The school director of the previous school offering submits to the director a certification of the particular topics 
and class hours attended and satisfactorily completed by the trainee during the original enrollment. 

(c) An authorization of limited enrollment in a subsequent course delivery permits the trainee to attend an offering of the 
" Jailor Detention Officer Certification Course" commencing within 120 calendar days from the last date of trainee 
participation in prior course delivery, but only if the trainee's enrollment with active course participation can be accomplished 
within the period of the trainee's probationary certification: 

(1) The trainee need only attend and satisfactorily complete those portions of the course which were missed or 
identified by the school director as areas of trainee deficiency in the proper course participation. 

(2) Following proper enrollment in the subsequent course offering, scheduled class attendance and active participation 
with satisfactory achievement in the course, the trainee would be eligible for administration of the State 
Comprehensive Examination by the Commission and possible certification of successful course completion. 



10:9 NORTH CAROLINA REGISTER August 1, 1995 740 



PROPOSED RULES 



(d) A trainee who is deficient in four or more subject-matter or topical areas at the conclusion of the course delivery shall 
complete a subsequent program [n its entirety. 

Surutory- Authority G.S. 17E-4: 17E-7. 

.0606 COMP WRITTEN EXAM - DETENTION OFFICER CERTIFICATION COURSE 

(a) At the conclusion of a school's offering of the " Jailer Detention Officer Certification Course", an authorized 
representatiye of the Commission shall administer a comprehensi\ e written examination to each trainee who has satisfactorily 
completed all of the course work. A trainee cannot be administered the comprehensiye written examination until such time 
as all course work is successfully completed. 

(b) The examination shall be an objective test consisting of multiple-choice, true-false, or similar questions covering the 
topic areas as described in 12 NCAC lOB .0601(13). 

(c) TTie Commission's representative shall submit to the school director uithin ten da_\ s of the administration of the 
examination a report of the results of the test for each trainee examined. 

(d) A trainee shall successfully complete the comprehensive written examination if he/she achieves a minimum of 70 
percent correct answers. 

(e) A trainee who has full}' participated in a scheduled deli\erN of an accredited training course and has demonstrated 
satisfactory competence in each motor-skill or performance area of the course curriculum but has failed to achieve the 
minimum score of 70 percent on the Commission's comprehensive w ritten examination ma\' request the Director to authorize 
a re-examination of the trainee. 

(1) A trainee's Request for Re-examination shall be made in unting on the Commission's form within 30 days after 
the original examination and shall be received by the Division before the expiration of the trainee's probationary 
certification as a jailer detention officer . 

(2) The trainee's request for re-examlnation shall include the favorable recommendation of the school director w ho 
administered the trainee's " Jail e r Detention Officer Certification Course". 

(3) A trainee shall have onl>' one opportunity for re-examination and shall satisfactorily complete the subsequent 
examination in its entirety within 90 days after the original examination. 

(4) A trainee will be assigned in writing by the Division a place, time, and date for re-examination. 

(5) Should the trainee on re-examination not achieve the prescribed minimum score of 70 on the examination, the 
trainee may not be recommended for certification and must enroll and complete a subsequent course in its entirety 
before further examination may be permitted. 

Statutory Authority G.S. 17E-4: 17E-7. 

.0607 SATISFACTION OF MLMMUM TRAINING REQUIREMENTS 

In order to satisfy the minimum training requirements for certification as a jailor detention officer , a trainee shall: 

(1) achieve a score of 70 percent correct answers on the Commission-administered comprehensive written 
examination; 

(2) demonstrate successful completion of an accredited offering of the " Jailer Detention Officer Certification Course" 
as shown by the certification of the school director; and 

(3) obtain the recommendation of the trainee's school director that the trainee possesses at least the minimum degree 
of general attributes, knowledge, and skill to function as an inexperienced tatW detention officer . 

Statutory- .4uthorit^■ G.S. 17E-4: 17E-7. 



SECTION .0700 - MINIMUM STANDARDS FOR 
JUSTICE OFFICER SCHOOLS AND TRALNESG 
PROGRAMS OR COURSES OF INSTRUCTION 

.0702 ADMINISTRATION OF JUSTICE OFFICER 
SCHOOLS 

The rules covering the administration of Criminal Justice 
Schools and training programs or courses of instruction, 
codified as Title 12. Subchapter 9B. Section .0200 of the 
North Carolina ,Administrati\e Code, effective and pre\i- 
ously adopted by the North Carolina Criminal Justice 
Education And Training Standards Commission are hereby 
adopted b_\ reference and shall automatically include any 



later amendments and editions of the adopted matter as 
authorized by G.S. 150B-14(c) to apply to actions of the 
North Carolina Sheriffs' Education and Training Standards 
Commission with the exception of the Jail e r Detention 
Officer Certification Course. 

Statutory Authority G. S. 1 7E-4. 

.0703 ADMINISTRATION OF DETENTION 
OFFICER CERTIFICATION COUTiSE 

(a) The executi\e officer or officers of the institution or 
agency sponsoring a Jail e r Detention Officer Certification 
Course shall ha\e primary responsibility for implementation 



741 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



PROPOSED RULES 



of these rules and standards and for administration of the 
school. 

(b) The executive officers shall designate a comjiensated 
staff member who is certified by the Commission who may 
apply to be the school director. The school director shall 
have administrative responsibility for planning scheduling, 
presenting, coordinating, reporting, and generally managing 
each sponsored jailor training oourao detention officer 
certification course . 

(c) The executive officers of the institution or agency 
sponsoring the Jail e r Detention Officer Certification Course 
shall: 

(1) acquire and allocate sufficient financial resources 
to provide commission-certified instructors and 
to meet other necessary program expenses; 

(2) provide adequate secretarial, clerical, and other 
supportive staff assistance as required by the 
school director; 

(3) provide or make available suitable facilities, 
equipment, materials, and supplies for compre- 
hensive and qualitative course delivery, specifi- 
cally including the following: 

(A) a comfortable, well-lighted and ventilated 
classroom with a seating capacity sufficient to 
accommodate all attending trainees; 

(B) audio-visual equipment and other instructional 
devices and aids necessary and beneficial to 
the delivery of effective training; 

(C) a library for trainees' use covering the subject 
matter areas relevant to the training course, 
maintained in current status and having suffi- 
cient copies for convenient trainee access; 

(D) Where required by course content, provide or 
make available facilities, equipment, and 
supplies to provide training in physical and 
motor-skill exercises such as handling disrup- 
tive people, CPR, handling fire emergencies 
and cell searches. 

Statutory Authority G. S. 1 7E-4. 

.0704 RESPONSIBILmES: SCHOOL DIRECTORS 

(a) In planning, developing, coordinating, and delivering 
each commission accredited Jailor Etetention Officer Certifi- 
cation Course, the school director shall: 

(1) Formalize and schedule the course curriculum in 
accordance with the curriculum standards estab- 
lished by the Commission. 

(A) The Jail e r Detention Officer Certification 
Course shall be presented with a minimum of 
40 hours of instruction each week during 
consecutive calendar weeks until course re- 
quirements are completed. 

(B) In the event of exceptional or emergency 
circumstances, the Director may, upon written 
fmding of justification, grant a waiver of the 
minimum hours requirement. 



(2) Select and schedule qualified instructors who are 
properly certified by the Commission. The 
selecting and scheduling of instructors is subject 
to special requirements as follows: 

(A) No single individual may be scheduled to 
instruct more than 35 percent of the total hours 
of the curriculum during any one delivery 
except as set forth in Part (a)(2)(B) of this 
Rule. 

(B) Where the school director shows exceptional 
or emergency circumstances and the school 
director documents that an instructor is quali- 
fied to instruct more than 35 percent of the 
total hours of the curriculum, the Director of 
the Division may grant written approval for 
the expansion of the individual instructional 
limitation. 

(3) Provide each instructor with a commis- 
sion-approved course outline and all necessary 
additional information concerning the instruc- 
tor's duties and responsibilities. 

(4) Review each instructor's lesson plans and other 
instructional materials for conformance to estab- 
lished commission standards and to minimize 
repetition and duplication of subject matter. 

(5) Shall permanently maintain records of all Jailor 
Detention Officer Certification Courses spon- 
sored or delivered by the school, reflecting: 

(A) Course title; 

(B) Delivery hours of course; 

(C) Course delivery dates; 

(D) Names and addresses of instructors utilized 
within designated subject-matter art»i5; 

(E) A roster of enrolled trainees, showing class 
attendance and designating whether each 
trainee's course participation was successful or 
unsuccessful including individual test scores 
indicating each trainee's proficiency in each 
topic area and methods or instruments; 

(¥) Copies of all rules, regulations and guidelines 
developed by the school director; 

(G) Documentation of any changes in the initial 
course outline, including substitution of in- 
structors; and 

(H) Documentation of make-up work achieved by 
each individual trainee, including test scores 
and methods or instruments. 

(6) Arrange for the timely availability of appropriate 
audiovisual aids and materials, publications, 
facilities and equipment for training in all topic 
areas. 

(7) Develop, adopt, reproduce, and distribute any 
supplemental rules, regulations, and require- 
ments determined by the school to be necessary 
or appropriate for: 

(A) Effective course delivery; 

(B) Establishing responsibilities and obligations of 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



742 



PROPOSED RULES 



agencies or departments employing course 
trainees; and 
(C) Regulating trainee participation and demeanor 
and ensuring trainee attendance and maintain- 
ing pierformance records. 
A copy of such rules, regulations and requirements 
shall be submitted to the Director as an attachment 
to the Pre-Delivery Report of Training Course 
Presentation, Form F-7A. A copy of such rules 
shall also be given to each trainee and to the sheriff 
of each trainee's employing agency at the time the 
trainee enrolls In the course. 

(8) If appropriate, recommend housing and dining 
facilities for trainees. 

(9) Not less than 30 days before commencing deliv- 
ery of the course, submit to the Commission a 
Pre-Deliveiy Report of Training Course Presen- 
tation (Form F-7A) along with the following 
attachments: 

(A) A comprehensive course schedule showing 
arrangement of topical presentations and pro- 
fKJsed instructional assignments; 

(B) A copy of any rules, regulations, and require- 
ments for the school and, when appropriate, 
completed applications for certification of 
instructors. 

(C) The Director shall review the submitted 
Pre-Delivery Report together with all attach- 
ments to ensure that the school is in compli- 
ance with all commission mandated rules and 
regulations; if school's rules are found to be in 
violation, the Director shall notify the school 
director of deficiency, and approval will be 
withheld until all matters are in compliance 
with the Commissions' rules. 

(10) Administer the course delivery in accordance 
with commission-approved procedures, guide- 
lines, and standards and ensure that the training 
offered is as effective as possible. 

(11) Monitor or designate a certified instructor to 
monitor the presentations of all probationary 
instructors during course delivery and prepare 
formal written evaluations on their performance 
and suitability for subsequent instructional 
assignments. TTiese evaluations shall be pre- 
pared on commission-approved forms and for- 
warded to the Division at the conclusion of each 
delivery. Based on this evaluation the school 
director shall have the added responsibility for 
recommending approval or denial of requests for 
Gonoml Jail Detention Officer Instructor Certifi- 
cation, Limited Lecturer Certification or Profes- 
sional Lecturer Certification. 

(12) Monitor or designate a certified instructor to 
monitor the presentations of all other instructors 
during course delivery and prepare formal 
written evaluations on their performance and 
suitability for subsequent instructional assign- 



ments. Instructor evaluations shall be prepared 
on commission-approved forms in accordance 
with commission standards. These evaluations 
shall be kept on file by the school for a period 
of three years and shall be made available for 
inspection by a representative of the Commission 
upon request. 

(13) Ensure that any designated certified instructor 
who is evaluating the instructional presentation 
of another shall, at a minimum, hold certifica- 
tion in the same instructional topic area as that 
being taught. 

(14) Administer or designate a qualified person to 
administer appropriate tests as determined neces- 
sary at various intervals during course delivery. 

(15) Maintain direct supervision, direction, and 
control over the performance of all persons to 
whom any pxjrtion of the planning, development, 
presentation, or administration of a course has 
been delegated. 

(16) During a dehveiy of the Jail e r Detention Officer 
Certification Course, make available to autho- 
rized representatives of the Commission three 
hours of scheduled class time and classroom 
facilities for the administration of a written 
examination to those trainees who have satisfac- 
torily completed all course work. 

(17) Not more than ten days after receiving from the 
Commission's representative the Report of 
Examination Scores, the school director shall 
submit to the Commission a Post-Delivery 
Report of Training Course Presentation (Form 
7-B). 

Statutory Authority G. S. 1 7E-4. 

.0705 CERTIFICATION: SCHOOL DIRECTORS 

(a) Any person designated to act as, or who performs the 
duties of, a school director in the delivery or presentation of 
a commission-accredited jailer detention officer training 
course shall be and continuously remain certified by the 
Commission as a school director. 

(b) To qualify for certification as school director of the 
Jailor Detention Officer Certification Course, the applicant 
shall: 

( 1 ) Submit a written request for the issitance of such 
certification executed by the executive officer of 
the institution or agency currently accredited, or 
which may be seeking accreditation, by the 
Commission to make presentation of accredited 
training programs and for whom the applicant 
will be the designated school director. 

(2) Be currently certified as a criminal justice 
instructor by the North Carolina Criminal Justice 
Education and Training Standards Commission; 
and 

(3) Attend or must have attended the most current 
offering of the school director's conference as 



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presented by the Commission staff and staff of 
the North Carolina Criminal Justice Education 
and Training Standards Commission and Stan- 
dards Division. 

Statutory Authority G.S. 17E-4. 

.0706 TERMS AND CONDITIONS OF SCHOOL 
DIRECTOR CERTIFICATION 

(a) The term of certification as a school director is two 
years from the date the Commission issues the certification 
unless earlier terminated by action of the Commission. 
Upon application the certification may subsequently be 
renewed by the Commission for two-year periods. The 
application for renewal shaU contain documentation meeting 
the requirements of Rule .0705(b)(1). 

(b) To retain certification as a school director, the school 
director shall: 

(1) Adequately perform the duties and responsibili- 
ties of a school director as specifically required 
in Rule .0704. 

(2) Maintain an updated copy of the "Jailor Training 
Inatructor Notebook" "Detention Officer Certifi- 
cation Training Manual" assigned to each ac- 
credited school. 

Statutory Authority G.S. 17E-4. 

SECTION .0800 - ACCREDITATION OF JUSTICE 
OFFICER SCHOOLS AND TRAINING COURSES 

.0801 ACCREDITATION: JUSTICE OFFICER 
SCHOOLS/TRAINING COURSES 

The rules covering the accreditation of Criminal Justice 
Schools and training courses, codified as Title 12, Subchap- 
ter 9C, Section .0400 of the North Carolina Administrative 
Code, and previously adopted by the North Carolina 
Criminal Justice Education And Training Standards Com- 
mission, are hereby adopted by reference and shall automati- 
cally include any later amendments and editions of the 
adopted matter as authorized by G.S. 150B-14(c), to apply 
to actions of the Commission with the exception of the Jail- 
Detention Officer Instructor, Jail Detention Officer Schools 
and Training Courses. 

Statutory Authority G.S. 17E-4. 

.0802 ACCREDITATION: DELIVERY/DETENTION 
OFFICER CERTIFICATION COURSE 

(a) An institution or agency to be accredited to deliver a 
Jailor Detention Officer Certification Course must submit a 
Form F-7 requesting school accreditation. 

(b) School accreditation shall remain effective until 
surrendered, suspended, or revoked. 

(c) The Commission may suspend or revoke the accredi- 
tation of a school when it fmds that the school has failed to 
meet or to continuously maintain any requirement, standard 



or procedure for school accreditation or course delivery as 
required by Section .0700 of this Subchapter. 

Statutory Authority G.S. 17E-4. 

.0803 REPORTS/DETENTION OFFICER CERT 
COURSE PRESENTATION/COMPLETION 

Each presentation of the Jailor Detention Officer Certifica- 
tion Course shall be reported to the Commission as follows: 

(1) After acquiring accreditation for the course and 
before commencing each delivery of the course, 
the school director shall, no less than 30 days 
prior to the scheduled deliveiy, notify the Division 
of the school's intent to offer the training course 
by submitting a Pre-Delivery Report of Training 
Course Presentation (Form F-7 A); and 

(2) Upon completing delivery of the accredited 
course, and not more than ten days after receivLag 
from the Commission's representative the Report 
of Examination Scores, the school director shall 
notify the Division regarding the progress and 
achievement of each enrolled trainee by submitting 
a Post-Delivery RejX)rt of Training Course Presen- 
tation (Form F-7B). This report shall also include 
each trainee's reading grade level as determined 
by testing required in 12 NCAC lOB .0601(c). 

Statutory Authority G.S. 17E-4; 17E-7. 

SECTION .0900 - MINIMUM STANDARDS FOR 
JUSTICE OFFICER INSTRUCTORS 

.0901 CERT/INSTRUCTORS/BASIC LAW 

ENFORCEMENT TRAINING COURSE 

The rules covering the certification of instructors, codified 
as Title 12, Subchapter 9B, Section .0300 of the North 
Carolina Administrative Code, and previously adopted by 
the North Carolina Criminal Justice Education and Training 
Standards Commission, are hereby incorporated by refer- 
ence, and shall automatically include any later amendments 
and editions of the referenced materials, to apply to actions 
of the North Carolina Sheriffs' Education and Training 
Standards Commission with the exception of instructors for 
the Jailor Detention Officer Certification Course. Copies of 
the publication may be obtained from the Office of Adminis- 
trative Hearings, Capehart-Crocker House, 424 North 
Blount Street, Raleigh, North Carolina 27601. The cost jjer 
copy is two dollars and fifty cents ($2.50) for the first 10 
pages and fifteen cents ($0.15) for each page thereafter at 
the time of adoption of this Rule. 

Statutory Authority G. S. 1 7E-4. 

.0903 CERT: INSTRUCTORS FOR DETENTION 
OFFICER CERTIFICATION COURSE 

(a) Any person participating in a commission-accredited 
Jail e r Detention Officer Certification Course as an instruc- 



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744 



PROPOSED RULES 



tor, teacher, professor, lecturer, or other participant making 
presentations to the class shall first be certified by the 
Commission as an instructor. A waiver may be granted by 
the Director upon receipt of a written application to teach in 
a designated school. 

fb) The Commission shall certify Jail e r Detention Officer 
Certification Course instructors under the following catego- 
ries: 

(1) Gen e ral — Jail e r Detention Officer Instructor 
Certification; 

(2) Professional Lecturer Certification; or 

(3) Limited Lecturer Certification as outlined in 
Rules .0904, .0906 and .0908 of this Section. 

Statutory Authority G. S. 1 7E-4. 

.0904 DETENTION OITICER INSTRUCTOR 
CERTIFICATION 

An applicant for Gonoml Jailor Detention Officer Instruc- 
tor Certification shall meet the following requirements: 

(1) Present documentary evidence demonstrating that 
the applicant: 

(a) has attended and successfully completed the 
North Carolina Sheriffs' Education and Training 
Standards Commission-approved Jail Detention 
Officer Training Course; or holds a valid gen- 
eral or grandfather certification as a jailor deten- 
tion officer or correctional officer; and 

(b) holds General Instructor certification issued by 
the North Carolina Criminal Justice Education 
and Standards Commission. 

(2) Persons holding General Jailor Detention Officer 
Instructor Certification may teach any topical 
areas of instruction in the Commission-mandated 
course with the exception of those outlined in 12 
NCAC lOB .0908(a)(1) through (7). 

Statutory Authority G. S. 1 7E-4. 

.0905 TERMS AND CONDITIONS OF DETENTION 
OFHCER INSTRUCTOR CERTIFICATION 

(a) An applicant meeting the requirements for certification 
as a Gcnoml Jail Detention Officer Instructor shall, for the 
first 12 months of certification, be in a probationary status. 
The G e n e ral Jail C>etention Officer Instructor Certification, 
probationary status, shall automatically expire 12 months 
from the date of issuance. 

(h) Tht probationary instructor will be awarded full 
G e neral Jail Detention Officer Instructor Certification at the 
end of the probationary period if the instructor instructor, 
through application, submits to the Division: 

(1) a favorable recommendation from a school 
director accompanied by certification on a 
commission-approved Instructor Evaluation 
Form that the instructor satisfactorily taught a 
minimum of fe«f eight hours in a commis- 
sion-accredited Jail e r Detention Officer Certifi- 
cation Course during his/her probationary year; 



(2) a favorable written evaluation by a commission 
member or staff member based on an on-site 
classroom evaluation of the probationary instruc- 
tor in a commission-accredited Jail e r Detention 
Officer Certification Course. Such evaluation 
will be certified on a commission-approved 
Instructor Evaluation Form. In addition, in- 
structors evaluated by a commission or staff 
member must also teach a minimum of fottf 
eight hours in a commission-accredited Jailor 
Detention Officer Certification Course during 
his/her probationary y e ar, year; and 

(3) documentation that certification required in 12 
NCAC .0904(1X13) remains valid. 

(c) Gonoml Jailor Detention Officer Instructor Certifica- 
tion is continuous so long as the instructor submits to the 
Division every two years: 

(1) a favorable recommendation from a school 
director accompanied by certification on a 
commission-approved Instructor Evaluation 
Form that the instructor satisfactorily taught a 
minimum of fe«f eight hours in a commis- 
sion-accredited Jailor Detention Officer Certifi- 
cation Course during the previous two year 
period. The date G e n e ral full Instructor Certifi- 
cation is originally issued is the aimiversary date 
from which each two year period is figured; or 

(2) a favorable written evaluation by a commission 
member or staff member based on a minimum 
four hour eight hours , on-site classroom obser- 
vation of the instructor in a commis- 
sion-accredited Jail e r Detention Officer Certifi- 
cation Cour&o. Course; and 

(3) a renewal application to include documentation 
that certification required in 12 NCAC 
.0904(1X13) remains valid. 

(d) If an instructor does not teach a minimum of fotH= 
eight hours during each two year period following the 
awarding of his General — Jailer full Detention Officer 
Instructor Certification, his/her certification automatically 
expires, and the instructor must then apply for probationar}' 
instructor certification status and must meet all applicable 
requirements. 

Statutory Authority G.S. 17E-4. 

.0906 PROFESSIONAL LECTURER 
CERTinCATION 

(a) The Commission may issue Professional Lecturer 
Certification to a licensed attomey-at-law or a person with 
a law degree to teach the following topics in the Jailor 
"Legal Aspects of Jail Management and Administration" in 
the Detention Officer Certification Cour&o: Course. 

Hi Civil Liability in the Jail; 

fi) Legal Rights and Rcoponsibilitioa; 

(3-) L e gal Asp e cts of Criminal Inv e stigation. 

(b) To be eligible for such certification an applicant shall 



745 



NORTH CAROLINA REGISTER 



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PROPOSED RULES 



present documentary evidence demonstrating that the 
applicant has: 

(1) graduated from an accredited law school; 

(2) obtained the endorsement of a commission 
recognized school director who shall: 

(A) recommend the applicant for certification as a 
professional lecturer; and 

(B) describe the applicant's expected participation, 
topical areas, duties and responsibilities. 

Statutory Authority G. S. 1 7E-4. 

.0908 LIMITED LECTURER CERTIFICATION 

(a) The Commission may issue a Limited Lecturer 
Certification to an applicant who has developed specific or 
special skills by virtue of specific or special training. 
Limited Lecturer Certification may be issued in the follow- 
ing topical areas: 

(1) First Aid and CPR (National Safot)' Council 
Couroo) ; 

(2) Unarmed Self Defense; 

(3) Handling Fire Emergencies in the Jail ; 

(4) Medical Care in the Jail; 

(5) Physical Assessment of Jailors Detention Offi- 
cers . 

(b) To be eligible for a Limited Lecturer Certificate for 
topic areas set forth in Rule .0908(a), the applicant must 
meet the qualifications as follows: 

(1) First Aid and CPR (National Saf e ty Council 
Cours e ) : Certified Standard First Aid Instructor 
with the American Red Cross or a licensed 
physician, Family Nurse Practitioner, Licensed 
Practical Nurse (LPN), Registered Nurse (RN), 
Physician's Assistant, or EMT; 

(2) Unarmed Self Defense; successful completion of 
N.C. Department of Corrections Specialized 
Instructor Training - Unarmed Self-Defense; 
certified by N.C. Criminal Justice Education and 
Training Standards Commission as specific 
Corrections Unarmed Self Defense Instructor; 

(3) Handling Fire Emergencies in die Jail: Certified 
Fire Instructor; 

(4) Medical Care in a Jail: A Licensed Physician, 
Family Nurse Practitioner, LPN, RN, or EMT, 
or Physician's Assistant; 

(5) Physical Assessment of Jail e rs Detention Offi- 
cers : certified as a Physical Fitness Instructor by 
the North Carolina Criminal Justice Education 
and Training Standards Commission. 

Statutory Authority G.S. 17E-4. 

.0909 TERMS AND CONDITIONS OF A LIMITED 
LECTURER CERTIFICATION 

(a) An applicant meeting the requirements for certification 
as a Limited Lecturer shall, for the first 12 months of 
certification, be in a probationary status. The Limited 



Lecturer Certification, Probationary Status, shall automati- 
cally expire 12 months from the date of issuance. 

(b) The probationary instructor will be eligible for full 
Limited Lecturer status at the end of the probationary period 
if the instructor, through application, submits to the Com- 
mission: 

(1) a favorable recommendation from a school 
director accompanied by certification on a 
commission-approved Instructor Evaluation 
Form that the instructor taught at least four 
hours in ono or more each of the topics for 
which Limited Lecturer Certification, Probation- 
ary Status was granted. Such instruction must 
have occurred in a commission-accredited jail e r 
detention officer training course during the 
probationary period. The results of the student 
evaluation must be considered by the school 
director when determining the recommendation; 
or 

(2) a favorable written evaluation by a commission 
or staff member, based on an on-site classroom 
evaluation of the probationary instructor in a 
commission-accredited jailer detention officer 
training course. Such evaluation must be certi- 
fied on a commission-approved Instructor Evalu- 
ation Form completed for on e or more of the 
topic s where the probationary instructor taught 
a minimum of four hours in each topic for 
which Limited Lecturer Certification. Probation- 
ary Status was granted ; and 

(3) documentation that all other certifications re- 
quired in 12 NCAC lOB .0908 remain valid. 

(c) Full Limited Lecturer Certification shall be continuous 
so long as the lecturer submits to the Division every two 
years: 

(1) a favorable written recommendation from a 
school director accompanied by certification on 
a commission-approved instructor evaluation 
form that the lecturer successfiilly taught at least 
four hours in ono or more each of the topics for 
which Limited Lecturer Certification was 
granted during the previous two-year period; or 

(2) a favorable written evaluation by a commission 
member or staff member based on an on-site 
classroom observation of the lecturer while 
teaching a minimum of four hours in on e or 
more each of the topics for which Limited 
Lecturer Certification was granted; and 

(3) a renewal application to include documentation 
that all other certifications required in 12 NCAC 
lOB .0908 remain valid. 

(d) The date Full Limited Lecturer Certification is 
originally issued is the anniversary date from which each 
two-year period is figured. 

(e) If a lecturer does not teach a minimum of four hours 
hours, in each of the topics for which Limited Lecturer 
Certification was granted, during each two-year period 



10:9 



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746 



PROPOSED RULES 



following the awarding of Full Limited Lecturer Certifica- 
tion, his/her certification automatically expires, and the 
lecturer must then apply for probationary limited lecturer 
certification and must meet all applicable requirements. 

Statutory Authority G.S. 17E-4. 

.0910 USE OF GUEST PARTICIPANTS 

The use of guest participants in a delivery of the Jail e r 
Detention Officer Certification Course is permissible. 
However, such guest participants are subject to the direct 
on-site sujjervision of a commission-certified instructor and 
must be authorized by the school director. A guest partici- 
pant shall only be used to complement the primary certified 
instructor of the topic area and shall in no way replace the 
primary instructor. 

Statutory Authority G. S. 1 7E-4. 

.0911 SUSPENSION: REVOCATION: DENIAL OF 
DETENTION OFFICER INSTRUCTOR 
CERTIFICATION 

(a) The Division may notify an applicant for instructor 
certification or a certified instructor that a deficiency 
appears to exist and attempt, in an advisory capacity, to 
assist the person in correcting the deficiency. 

(b) When any person certified as an instructor by the 
Commission is found to have knowingly and willfully 
violated any provision or requirement of these Rules, the 
Commission may take action to correct the violation and to 
ensure that the violation does not recur, including: 

(1) issuing an oral warning and request for compli- 
ance; 

(2) issuing a written warning and request for com- 
pliance; 

(3) issuing an official written reprimand; 

(4) suspending the individual's certification for a 
specified period of time or until acceptable 
corrective action is taken by the individual; 

(5) revoking the individual's certification. 

(c) The Commission may deny, suspend, or revoke an 
instructor's certification when the Commission finds that the 
person: 

(1) has failed to meet and maintain any of the 
requirements for qualification; or 

(2) has failed to remain currently knowledgeable in 
the person's areas of expertise; or 

(3) has failed to deliver training in a manner consis- 
tent with the instructor lesson plans; or 

(4) has failed to follow specific guidelines outlined 
in the " Jailor Detention Officer Certification 
Course Management Guide" which is hereby 
incorpwrated by reference and shall automatically 



include any later amendments and editions of the referenced 
materials. This publication is authored by and may be 
obtained from the North Carolina Justice Academy, Post 
Office Drawer 99, Salemburg, North Carolina 28385 at no 
cost at the time of adoption of this Rule; or 

(5) has demonstrated unprofessional f>ersonal con- 
duct in the delivery of commission-mandated 
training; or 

(6) has otherwise demonstrated instructional incom- 
p>etence; or 

(7) has knowingly and willfully obtained, or at- 
tempted to obtain instructor certification by 
deceit, fraud, or misrepresentation. 

Statutory Authority G.S. 17E-4. 

.0912 PERIOD/SUSPENSION: REVOCATION: OR 
DENIAL OF DETENTION OFFICER 
INSTRUCTOR CERT 

The period of susjjension, revocation or denial of the 
certification of an instructor pursuant to 12 NCAC lOB 
.0911 shall be: 

( 1 ) no more than one year where the cause of sanction 
is: 

(a) failure to deliver training in a manner consistent 
with the instructor lesson plans; or 

fb) failure to follow sf>ecific guidelines outlined in 
the " Jailor Detention Officer Certification 
Course Management Guide" which is hereby 
incorporated by reference and shall automatically 
include any later amendments and editions of the 
referenced materials. This publication is 
authored by and may be obtained from the North 
Carolina Justice Academy, Post Office Drawer 
99, Salemburg, North Carolina 28385 at no cost 
at the time of adoption of this Rule; or 

(c) unprofessional personal conduct or demonstra- 
tion of instructional incompetence in the delivery 
of the Jailor Detention Officer Certification 
Course. 

(2) no more than five years where the sanction is 
knowingly and wUlfully obtaining or attempting to 
obtain instructor certification by deceit, fraud, or 
misrepresentation . 

(3) for an indefinite period, but continuing so long as 
the stated deficiency, infraction, or impairment 
continues to exist, where the cause of sanction is: 

(a) failure to meet and maintain any of the require- 
ments for qualification; or 

(h) failure to remain currently knowledgeable in the 
person's areas of expertise. 

Statutory Authority 1 7E-4. 



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PROPOSED RULES 



SECTION .1000 - PROFESSIONAL CERTIFICATE PROGRAM FOR SHERIFFS AND DEPUTY SHERIFFS 

.1004 INTERMEDIATE LAW ENFORCEMENT CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1002, applicants for the Intermediate Law Enforcement Certificate 
shall {xjssess or be eligible to {xsssess the Basic Law Enforcement Certificate and shall have acquired the following 
combination of educational points or degrees, law enforcement training points and years of law enforcement training 
experience: 



EduoQtional Dogrooo 



Educational 
Degrees 


None 


None 


None 


AA/AS 


BS/BA 


Years of Law 

Enforcement 

Experience 


8 


6 


4 


4 


2 


Minimum Law 
Enforcement 
Training Points 


20 


35 


50 


24 


23 


Minimum Total 
Education and 
Training Points 


39 


69 


99 


24 


23 



AA/AS 



AB/BS 



Years of Law 
Enforcomont Exporionco 



-8 6 4 4- 



Minimum Law 
Enforoomont Training 
PoLntB 



■^0 ^5 50 24- 



-^ 



Minimum Total 
Education and Training 
Points 



-49 69 99 34- 



-^ 



(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior 
college, college or university accredited as such by the Department of Education of the state in which the institution is 
located, the recognized national accrediting body, or the state university of the state in which the institution is located. 

Statutory Authority G.S. 17E-4. 

.1005 ADVANCED LAW ENFORCEMENT CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1002, applicants for the Advanced Law Enforcement Certificate shall 
possess or be eligible to possess the Intermediate Law Enforcement Certificate and shall have acquired the following 
combination of educational points or degrees, law enforcement training points and years of law enforcement experience: 



10:9 



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748 



PROPOSED RULES 



Educational 
Deerees 


None 


None 


AA/AS 


BS/BA 


GRAD/PRO 


Years of Law 

Enforcement 

Experience 


12 


9 


9 


6 


4 


Minimum Law 
Enforcement 
Training Points 


35 


50 


33 


27 


23 


Minimum Total 
Education and 
Training Points 


69 


99 


33 


27 


23 



Eduoational Dogrooo 



AA/AS 



AB/BS 



GRAD./PRO. 



Yoars of Law 
Enforcomont 
Exp e ri e nc e 



43- 



Minimum Law 
Enforoomont 
Training Points 



-45 10 ^3- 



-OT- 



-^ 



Minimum Total 
Education and 
Training Pointa 



-&9 99 33- 



-37- 



-33 



(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior 
college, college or university accredited as such by the Department of Education of the state in which the institution is 
located, the appropriate recognized accrediting body, or the state university of the state in which the institution is located. 

Statutory Authority G.S. 17E-4. 

SECTION .1200 - PROFESSIONAL CERTIFICATE PROGRAM FOR DETENTION OmCERS 

.1201 PURPOSE 

In order to recognize the level of competence of jailors detention officers serving the Sheriffs' departments of North 
Carolina, to foster increased interest in college education and professional law enforcement training programs and to attract 
highly qualified individuals into a law enforcement career, the North Carolina Sheriffs' Education and Training Standards 
Commission established the Professional Certificate Program for Jail e ro Detention Officers . 

Statutory Authority G. S. 1 7E-4. 

.1202 GENERAL PROVISIONS 

(a) In order to be eUgible for one or more of the jailor detention officer professional awards, a jailor detention officer shall 
first meet the following preliminary qualifications: 

(1) Be a jail e r detention officer who holds valid general or grandfather certification. A jailor detention officer 
serving under a probationary certification is not eligible for consideration. 

(2) The jailo r detention officer shall be familiar with and subscribe to the Law Enforcement Code of Ethics. 

(3) Employees of a North Carolina Sheriffs Department who have previously held general or grandfather jailor 
detention officer certification but are presently, by virtue of promotion or transfer, serving in jX)sitions not subject 
to certification are eUgible to participate in the Professional Certificate Program. Eligibility for this exception 
requires continuous employment with the sheriffs department from the date of promotion or transfer from a 
certified position to the date of application for a professional certificate. 

(4) Only training and/or experience gained in an officer's area of expertise will be eligible for application to this 



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PROPOSED RULES 



program, 
(b) Certificates are awarded based up^on a formula which combines formal education, training, and actual experience as 
a jailor detention officer . Points are computed in the following manner: 

(1) Each semester hour of college credit shall equal one point and each quarter hour shall equal two thirds of a point; 

(2) Twenty classroom hours of commission-approved training shall equal one point; 

(3) Only experience as a member of a law enforcement agency or equivalent experience shall be acceptable for 
consideration; 

(4) Applicants holding degrees will not be awarded additional points for those degrees and must instead meet the 
training point requirements of this Section through completion of training in the field of jails or corrections. 

Statutory Authority G.S. 17E-4. 

.1203 BASIC DETENTION OFFICER PROFESSIONAL CERTIFICATE 

In addition to the qualifications set forth in Rule .1202, an applicant for the Basic Jail e r Detention Officer Professional 
Certificate shall: 

(1) have no less than one year of service; and 

(2) have completed an accredited Jailor Detention Officer Certification Course; or 

(3) have completed a minimum of 80 hours of training in the field of jails or corrections. 

Statutory Authority G.S. 17E-4. 

,1204 INTERMEDIATE DETENTION OFFICER PROFESSIONAL CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1202, applicants for the Intermediate Jailor Detention Officer 
Professional Certificate shall possess or be eUgible to possess the Basic Jailer Detention Officer Professional Certificate and 
shall have acquired the following combination of educational points or degrees, jail detention officer or corrections training 
points and years of jail e r detention officer experience: 



Educational 
Degrees 


None 


None 


None 


AA/AS 


BS/BA 


Years of 
Detention 
Officer 
Experience 


8 


6 


4 


4 


2 


Minimum 

Detention 

Officer 

Training 

Points 


6 


12 


16 


24 


23 


Minimum 
Total 

Education and 
Training 
Points 


13 


23 


33 


24 


23 



Eduoational D e gr ee o 



-AA/AS- 



.\B/BS 



Yoora of Jailor 
Exf)orionoo 



Minimum Jailor 
Training Points 



-6 ^3 \€ 34- 



-^ 



Minimum Total 
Education and Training 



10:9 



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August 1, 1995 



750 



PROPOSED RULES 



Pointo 



-+3 — S3- 



-^3- 



-^4- 



-^ 



(b) Educational points claimed shall have been earned at a technical institute, technical college, community college, junior 
college, college or university accredited as such by the Department of Education of the state in which the institution is 
located, the recognized national accrediting body, or the state university of the state in which the institution is located. 

Statutory Authority G. S. 1 7E-4. 

.1205 ADVANCED DETENTION OFTICER PROFESSIONAL CERTIFICATE 

(a) In addition to the qualifications set forth in Rule .1202, applicants for the Advanced Jailor Detention Officer 
Professional Certificate shall possess or be eligible to p>ossess the Intermediate Jailor Detention Officer Professional 
Certificate and shall have acquired the following combination of educational f>oints or degrees, jaii detention officer or 
corrections training points and years of jail e r detention officer exp>erience: 



{ 



Educational 
Degrees 


None 


None 


AA/AS 


BS/BA 


GRAD/PRO 


Years of 
Detention 
Officer 
Experience 


12 


9 


9 


6 


4 


Minimum 

Detention 

Officer 

Training 

Points 


12 


16 


27 


26 


26 


Minimum 
Total 

Education and 
Training 
Points 


23 


33 


27 


26 


26 



{ 



Eduoationol Dogro e o 



.AuVAS 



.\B/BS 



GR.\D./PRO. 



Years of Jailer 
ExpKirionoe 



Minimum Jailor 
Training Points 



\% V- 



-^&- 



-^ 



Minimum Total 
Education and 
Training Points 



-S3- 



-43 2^ 



-36- 



-^ 



(b) Educational fxaints claimed shall have been earned at a technical institute, technical college, community college, junior 
college, college or university accredited as such by the Department of Education of the state in which the institution is 
located, the appropriate recognized accrediting body, or the state university of the state in which the institution is located. 

Statutory Authority G. S. 1 7E-4. 



i 



751 



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PROPOSED RULES 



TITLE ISA - DEPARTMENT OF ENVIRONMENT, 
HEALTH, AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Coastal Resources Com- 
mission intends to amend rules cited as 15 A NCAC 7B 
.0101, .0201, .0206, .0212 - .0276, .0401 - .0406, .0501 
- .0505, .0507; adopt rules cited as 15 A NCAC 7B .0202 - 
.0204, .0207, .0210 - .0211, .0506 and repeal rules cited as 
15 A NCAC 7B .0205, .0208 - .0209. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 4:00 p.m. on 
September 28, 1995 at the Sea Trail Plantation, Sunset 
Beach, North Carolina. 

Reason for Proposed Action: Local governments in the 
20-county coastal area are required by statute to prepare 
and update local land use plans according to state guidelines 
adopted by the N. C. Coastal Resources Commission (CRC). 
The guidelines (15 A NCAC 7B) provide a basic framework 
for the plans and standards for CRC certification. Revisions 
to the guide lines are made every five years to coincide with 
the five-year update of each local plan. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than September 28, 1995. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
for the public hearing. Additional information concerning 
the hearing or the proposals may be obtained by contacting 
Ms. Kris M. Norton, Division of Coastal Management, Post 
Office Box 27687, Raleigh, North Carolina 27611-7687, 
(919) 733-2293. 

Fiscal Note: These Rules affect the expenditures or reve- 
nues of state and local government fidnds. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7B - LAND USE PLANNING 
GUIDELINES 



SECTION .0100 



INTRODUCTION TO LAND USE 
PLANNING 



.0101 PURPOSE 

(a) The Coastal Area Management Act of 1974 establishes 
a cooperative program of coastal area management between 
local governments and the state. Land use planning lies at 
the center of local government's involvement, as it gives the 
local leaders an opportunity and responsibility to establish 
and enforce policies to guide the development of their 



community. While regulations, land acquisition, education 
and other management tools must continue to play an 
important role, effective local land use planning offers the 
best chance for developing a common vision and goals for 
the future that balance the economic development and 
resource protection necessary for a healthy coast. 

(b) Land use planning provides o pportunities for careful 
technical analysis of the implications of various development 
alternatives. It allows meaningful involvement of citizens in 
discussing the future of their community. It is a chance for 
local elected officials to make clear public f>oUcy choices for 
the future that help guide public and private investments. It 
is an important tool for effectively addressing the many 
complicated issues that face areas with high growth as well 
as those areas that are economically distressed and in great 
need of new employment opportunities. 

(c) (b)The purpose of these state guidelines is to assist 
local governments in each of the 20 coastal counties with the 
preparation of their own individual land uao plana. Land Use 
Plans. Each county and tbo municipalitio e within tho coastal 
oountieo ar e municipality is encouraged to develop a plan 
which reflects the desires, needs and best judgment of its 
citizens. Tho land use plan s whon Once approved by the 
Coastal Resources Commissions^ the local Land Use Plan 
booom e becomes a part of the North Carolina Coastal 
Management Plan^ for th e prot e otion, prosorvation, ord e rly 
dovolopmont and managomont of tho coastal aroa of North 
Carolina which ia the primary objoctivo of tho Coastal Aioa 
Manag e m e nt Act of 197^. 

(d) (e)This Subchapter also io int e nd e d to o e t sets forth 
general standards for use by the Commission in reviewing 
and considering local land use plans Land Use Plans . These 
standards of review are intended to clarify the requirements 
of certain portions of the "State Guidelines for Local 
Planning" and aro intended to set forth a basic format for 
the plans. These standards of review will be are considered 
by the Commission in determining whether to approve er 
dioapprov e local land us e plane Land Use Plans. The 
Commission, in its review, wtH also take into aooount all 
other consideration s regarding considers submission dates, 
content, and similar matters as outlined in this Subchapter. 

(e) Land development generally takes place as the result 
of a series of decisions by private individuals and govern- 
ment. If left entirely to chance, the resulting pattern of 
development in a locality may not be in the best interest of 
the overall community. In order to promote community 
interest for both present and future generations, a Land Use 
Plan shall be developed, adopted and kept current by local 
governments in the coastal area. 

(f) The Land Use Plan is a framework that guides local 
leaders as they make decisions affecting development. 
Businesses, investors, new residents and other private 
individuals, as well as other levels of government, also use 
the plan to guide their land use decisions. Use of the plan 
by these groups leads to more efficient and economical 
provision of public services, protection of natural resources, 
sound economic development, and protection of public 



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752 



PROPOSED RULES 



health and safety. 

(g) Local governments, through the land use planning 
process, address issues and adopt policies that guide the 
development of their community. Many decisions affecting 
development are made by other levels of government, and 
local policies must consider and be consistent with estab- 
lished state and federal policies. Most development-related 
decisions, however, are primarily of local concern. Policies 
which address the type of development to be encouraged, 
the density and patterns of development, and the methods of 
providing public access to beaches and waterfronts are 
examples of these local Land Use Plan, other levels of 
government will follow local policies in their actions that 
affect those issues. State and federal agencies will use the 
local Land Use Plans and policies in making project consis- 
tency, funding and permit decisions. 

Statutory Authority G.S. 113A-1W; 113A-124. 

SECTION .0200 - LAND USE PLAN 

.0201 CONTENfTS OF THE LAND USE PLAN 

(a) Land dovolopmont generally txiko e placo as tho naeult 
of Q series of dociaions by private individuals and govom 
m e nt. — If l e ft e ntirely to ohono e . th e r e sulting patt e rn of 
dev e lopment in a locality' may w e ll not b e in the beet overall 
community intoroot. — In order to promote this community 
intoroflt for both present and future generations, a land use 
plan is to b e d e v e lop e d, adopt e d and k e pt current by tho 
looal governm e nts in th e ooaotal ar e a. The Land Use Plan 
shall contain the following basic elements: 

(1) Executive Summary [not a pplicable to Sketch 

Plansi; 

Introduction; 

Goals and Objectives; 

Data Collection and Analysis; 

Present Conditions; 

Constraints; 



(2} 

m 

(41 
(5} 
(6} 

m 

(91 
(10) 



Estimated Demands; 
Policy Statements; 
Land Classification; 



Intergovernmental Coordination and Implementa- 
tion; and 
(1 1) Public Participation. 

These fetw \X elements represent a minimum level of 
planning necessary to fulfill the objectives of the Coastal 
Area Management Act. Counties and municipalities are 
encouraged to use these minimum guidelines as a foundation 
firom which to establish a more comprehensive planning and 
management process. The land us e plan ittxilf Land Use 
Plan should be a clear and simple document, simple, clear 
plan. The format and organization of the plan should enable 
users to find needed items quickly and easily. TTie Each 
local government should ensure that its land use plan Land 
Use Plan meets the substantive requirements of this Section. 
Section, and still is not unnoooooarily bulky, wordy, etc. 

(b) Th e land us e plan is a framework that will guid e local 
l e aders as they — mak e d e oiciono aff e cting — d e v e lopment. 



Private individuals and other levels of gov e rnm e nt will also 
use tho plan to guid e th e ir land uo e d e cisions. — Us e of th e 
plan by theee groups will load to tho more efficient and 
ooonomical provision of public Bor . 'iooo, tho protection of 
natural rooouroee, sound e oonomio developm e nt, and th e 
prot e ction of public health and saf e ty. Small municipal 
governments that are not experiencing significant or rapid 
change or that are completely platted and know the upper 
limits of buildout may choose to develop a "Sketch" Land 
Use Plan or Update, with the concurrence of the Division of 
Coastal Management. 

(1) While Sketch Plans must contain the minimum 
requirements called for in Paragraph (a) of this 
Rule, the level of data collection and analysis is 
generally much less than that for a full-sized 
plan. 

(2) Sketch Plans should be clear, concise and easily 
understood. Sketch Plans may be produced in a 
foldout format with the narrative on one side and 
the required graphics such as the existing land 
use and land classification maps on the other 
side. Sketch Plans may also be produced in 
loose-leaf format or some other more simplified 
format to facilitate subsequent updates. 

(3) The intent of a Sketch Plan is to provide a 
document that meets the substantive needs of the 
local government without overburdening the 
community with a cumbersome document that 
has limited use. In developing a Sketch Plan the 
local government should also recognize that the 
planning process will be simpler as many issues 
dealt with in a full-sized Plan will not a pply. 

(4) Sketch Plans do not diminish the importance of 
the planning process to the community, they 
simply acknowledge that the municipality does 
not have the full range of natural resources and 
economic development pressures as those local 
governments which produce full-sized Land Use 
Plans or Updates. 

(e) — Local govommonts. through tho land use planning 
proc e ss, addr e ss isoues and adopt polici e s that guid e th e 
d e v e lopm e nt of th e ir oommunit)'. — Many d e cisions affecting 
dovolopmont are made by other levels of govommont, and 
local policies must take account of and coincide with 

e stablish e d stat e and f e d e ral — polici e s. Most d e cisions. 

how e v e r, are primarily of local oono e m. — By car e fully and 
explicitly addressing those issues, other levels of govom 
ment will follow local policies that deal with those issues. 
Stat e and f e d e ral ag e noi e o will use th e looal land us e plans 
and polici e s in making proj e ct consist e ncy, funding and 

permit decisions. Policies which consider tho typo of 

developm e nt to bo encouraged, tho density and patterns of 
d e v e lopm e nt, and th e m e thods of providing boaoh access ar e 
e xampl e s of th e s e local policy d e cisions. 

fd) — Tho land use plan shall contain tho following baaic 
elements : 

fj-) a summary' of data coll e ction and analy s i s , 

fS^ an e xist i ng land u se map. 



753 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



PROPOSED RULES 



(?) policy dioouooion, 

(4) a land olosoifioation map. 

(o) Small municijxil govommonto that aro not oxporionoing 
significant or rapid grov ^ 'th should develop a okotch Land 
Use plan or updat e . — Sk e tch piano must contain the four 
minimum roquirem e nto call e d for in Paragraph (d) of this 
Rule, however; sketch plans should bo abbreviated and 
easily road and understood by its citizens. — Sketch plans can 
b e produc e d in a foldout format with th e narrative on on e 
oido and graphics ouch as th e e xisting land us e and land 
claasifioation maps on the other side. The intent of a sketch 
plan is a document that meets the substantive need of the 
small local goi i 'omm e nt, but doe s not burden th e oommunit)' 
with a larg e , cumb e rsom e , unusabl e docum e nt. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0202 EXECUTIVE SUMMARY 

An executive summary shall be prepared and included as 
an introduction to the Land Use Plan, or as a separate 
document. In either case, it shall be suitable for distribution 
throughout the planning area. The executive summary shall 
contain a summary of the land use issues which will affect 
the community during the planning period, the policies 
which the local government has selected to address those 
issues, and a land classification map. An executive sum- 
mary is not required for a Sketch Land Use Plan. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0203 INTRODUCTION 

This Section of the Land Use Plan shall explain to the 
general public the specific reason for preparing a CAMA 
Land Use Plan. The Division of Coastal Management will 
provide each local government with suggested language for 
this Section of the plan. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0204 GOALS AND OBJECTIVES 

The Goals and Objectives of the Land Use Plan shall be 
Usted in this Section. They should provide local application 
of CAMA goals. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0205 RELATIONSHIP OF POLICIES AND LAND 
CLASSIFICATION 

Aft e r pr e paring a land olaooifioation map, each local 
governm e nt shall dioouso within th e ir plan th e manner in 
which the policies developed under Rule .0203 shall bo 
appUod to each of the land classes. — In addition, each local 
plan shall d e scribe the t)'pe8 of land uooo which ar e appro 
priat e in e ach class. 

Statutory Authority G.S. 113A-107(a); 113A-124. 



.0206 7«302 DATA COLLECTION AND ANALYSIS 

(ft) Establishment of Information Base. 

(1) The data collection and analysis items detailed in 
this Rule are designed to The first basic element 
of the Land Use Plan is a presentation of pertinent 
local and regional data and a thorough analysis of 
those data. This information should establish the 
information base necessary to make local policy 
choices about future land use and development in 
the community. Th e y The guidelines for data 
collection and analysis have been formulated so as 
not to place an unnecessary burden on the local 
planning resources. The Division of Coastal 
Management will provide information on popula- 
tion, natural resources, water quality, economic 
activity and transportation infrastructure for 
counties and, where available, for municipalities 
and for each small watershed in the plarming 
jurisdiction. The requirements Other information 
needs can generally be fulfilled by utilizing exist- 
ing local plans and studies^ including the previous 
Land Use Plan Uf>date, as well as information 
provided by regional planning bodies, bodie s and 
s tate agencie s . — Those counties and municipalities 
Local governments desiring to be more detailed or 
comprehensive than these guidelines suggest are 
encouraged to do so. 

(2) The process suggested by the for data collection 
and analysis r e quirem e nts of this Rule shall b e gins 
begin with an examination of the present situation 
conditions . An estimate is then made of what land 
use demands are likely to be placed on the plan- 
ning area during the ensuing , not to exoood, 5 to 
te» 10; year jjeriod, based upon population and 
economic projections and upon local pohcies. The 
implications of the projected future demands are 
then examined and balanced against the suitability 
of the lands within the local government's jurisdic- 
tion for development and the capability of govern- 
ment to provide basic public services and facili- 
ties. This analysis should include the number of 
subdivisions and lots approved and building 
{permits issued since the last plan. The Each local 
government should analyze how anticipated devel- 
opment will affect the need for services such as 
water, sewer, fire and police protection, schools, 
eter solid waste disposal, landfill life, transporta- 
tion, parks, and adequacy of local administrative 
ability to carry out these services. The local 
government shall discuss these strong relationships 
as part of golicy development. Particular attention 
should be paid to situations whore local govern 
ment does not provid e wat e r or oesv e r and th e s e 
s e P i 'io e a ar e provid e d privately. — In th e absence of 
pubhc s)'stoms, p>otablo water availability and soils 
suitabiht)' for sev ^ 'age disposal etc. must be oonsid 
e rod. This analyoio should b e link e d clos e ly with 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



754 



PROPOSED RULES 



polioy dovolopmont and land olaiioifioation in eaoh 
plan. — Thin onalyoio of tho oapabilit)' of th e looal 
govommont to provido the? anticipatod sorvicos and 
tho suitabilit)' of londa for projoctod growth should 
bo olearly refl e cted in th e land uc e polioy and land 
olaooifioation oootiono in th e plan. 

(3) Tho 3ummar>' of the data collection and analysis 
proparod as port of tho land use plan shall indicate 
tho manner in which th e data woo ooo e mbl e d and 
analyz e d along with a otat e m e nt of th e major 
conclusions. This summary shall also provide an 
index showing whore more detailed information 
can b e found in t e ohnioal app e ndio e e to th e plan. 
Complionoo with this e l e m e nt r e quiroo e aoh looal 
government to analyze how offoctivoly it has 
implemented itj policies as contained in its current 
plan of record. — This evaluation ohould includ e 
otatemonto oo to what improv e m e nts th e local 
government intends to moke in this plan update. 
Thi s evaluation should occur at the beginning of 
the planning prooooo so ao to provid e a foundation 
upon which to build now polioi e o oo th e plan 
up>dato is develop>od. This analysis should includ e 
the number of subdivision s and lots approved and 
building p e rmits issu e d sinc e th e last plan. Data 
collection shall include information for the plan- 
ning jurisdiction as a whole. Where applicable, U 
shall also include information for each small 
watershed. A ma p of the 14-digit hydrologic units 
delineated by the U.S. Natural Resources Conser- 
vation Service will be provided by the Division of 
Coastal Management. At a minimum, small 
watershed boundaries shall be shown on all maps 
included in the plan, and existing land uses shall 
be summarized for each watershed. Emphasis 
should be placed on identifying those small water- 
sheds in which water quality merits particular 
attention. 

(4) The Land Use Plan shall include a summary of the 
data collection and analysis, indicating the manner 
in which the data were assembled and evaluated 
along with a statement of major conclusions. This 
summary shall also provide an index showing 
where more detailed information can be found in 
technical a ppendices to the plan. 

(5) TTie Land Use Plan shall also include an analysis 
of how effectively the local government has 
implemented the local policies contained in its 
previous Land Use Plan and what improvements 
it intends to make in this plan update. This 
evaluation should occur at the beginning of the 
update process so as to provide a foundation upon 
which to develop new policies. This evaluation 
may be included as an introduction to the policy 
section called for in Rule .0212 of this Section or 
as an appendix to the plan. 

(6) Watersheds are useful in relating land use plan- 
ning to environmental management objectives such 



as water quality protection. Fisheries productivity, 
and habitat management. Because watersheds are 
defined by the areas within which water drains to 
a particular water body, they are appropriate units 
for considering relationships between land use and 
surface water quality. Small watershed units 
should be used as tfie basis for the aspects of Land 
Use Plans that relate to water quality. River basin 
plans developed by N.C. Division of Environmen- 
tal Management provide a regional context for this 
watershed assessment. 

(7) The 14-digit hydrologic units delineated by the 
U.S. Natural Resource Conservation Service, are 
the largest watershed units appropriate for local 
watershed-based planning. The Division of 
Coastal Management will provide maps of these 
watershed boundaries to local governments for use 
in Land Use Plans. Local governments may use 
smaller watershed units if they are more useflil for 
meeting local objectives. 

(8) Local governments are encouraged to use small 
watersheds as a base for surface water quality 
management. In particular, those watersheds 
where water quality appears to be either degrading 
or very high (such as Outstanding Resource 
Waters'), should be examined with the intent of 
managing land-use through Land Classification 
System and by land tise regulations. The Division 
of Coastal Management and Division of Environ- 
mental Management (DEM) will provide technical 
assistance to the extent practical in the consider- 
ation of DEM Basinwide Plans, the relationship 
between land-use patterns and water quality, and 
the development of land-use management controls. 

(b) — Present Conditions. 

(43 Present Population and Economy. A briof 

analysis of th e looal papulation and e conomy 
shall b e made utilizing e xisting information. 
Particular attention should bo given to tho impact 
of seasonal jxipulations and to oconomic activi 
ti e s whioh aff e ct ooaotal land and wat e r r e 
sou ro e s. 

(3^ Existing Land Us e; — Existing land use shall bo 

mapped and analyzed, with particular attention 
giv e n to: 
{A) — significant land and wat e r us e oompatibility 

problems; 
fB) — major problems that have resulted from un 
plann e d d e v e lopment, and that hav e implioa 
tiono for futur e land and wat e r uo e ; 
(C) an identification of areas oxporiencing or likely 
to oxpwrionco changes in predominant land 
us e e including agricultural and for e stry' land 
b e ing conv e rt e d to oth e r us e e; 
{&) — during plan development local governments are 
encouraged to use small scale, — high detail 
maps. — Th e s e map s s hould b e r e tain e d for 
local gov e rnm e nt use. — Maps includ e d in th e 



755 



NORTH CAROLINA REGISTER 



August I, 1995 



10:9 



PROPOSED RULES 



I 



> 



land uoe piano ohould b e of an appropriat e 
ooalo and quality to b e e asily interpreted and 
should contain a oynthosis of data gathorod 

during plan dovolopmont. Existing water 

oonditiono including DEM str e am oloooifioa 
tiono, th e location of primary' and oooondar)' 
nursor>' aroaa, ORW'b and other foaturoe such 
as oyster and clam bods, ool graaa otc. ohould 
be includ e d in this map oynth e sio. 
(5) — Curr e nt Piano, Policies and Regulations. — Tbk 
element shall contain: 

(A) a li s ting and summary of existing piano 

and fwlioioo having significant implioationo 
for land uo e , including at l e ast troneporta 
tion plans, — community — facilitioo — plans, 
utilities oxtonoion policies, open space and 
recreation polici e s, and prior land uo e 
piano and policies. — This listing and sum 
mar>' shall distinguish between studios and 
othe r background documents and plans, 
ordinances and polici e s which have been 
adopt e d and ar e curr e ntly b e ing us e d and 
followed. — TTiis s hould also include state 
menta as to whether the local government 
intendfl to p>artic i pat e in programs such as 
th e National Flood Insurance Program, 

(^ a listing and brief description of the meono 

for e nforc e m e nt of all e xisting local land 
us e r e gulationo; th e following regulationo 
shall — be — discussed, — whore — applicable; 
zoning, subdivision, floodway, building, 
s e ptic — tank, — historic — district, — nuioano e , 
dun e prot e ction, sodimontation, and onvi 
r onmental — impwct ordinance s , codes or 

regulations, stormwat er monagem eat- 

piano, mobil e homo park, group houoing 

and PUD ordinonooo. — Th e local gov e rn 

mont should also review the relationship of 

its local ordinances with its land classifica 

tion map and local pol i ci e s and id e ntify 

and correct conflicts. — Sp e cific p e rmitt e d 

land uses, densitie s and lot sizes should be 

discusBod. 

(e) — Con s traints; Land Suitability. — An analysis oholl bo 

mad e of th e g e n e ral suitability' of the und e v e loped lands as 

identified on the existing land use map within the planning 

area for development, — with consideration given to the 

following factors: — physical limitationo for development, 

fragile ar e as, and ar e as with r e sourc e pot e ntial. — Those 

factors shall bo analyzed, and whore possible mapped, based 

uf>on the best information available. — The major purpwao of 

this analysis is to asoiot in pr e paring th e land olaooifioation 

(4^ Physical — Limitat i ons — for Development. A» 

identification s hall bo nmdo of areas likely to 
hav e conditions making d e v e lopm e nt costly or 



causing und e sirabl e oono e quonoos if d e v e lop) e d. 
Th e following arooo shall b e identifi e d: 
(A) hazard areas, including man made hazards (for 
example, airports, tank farms for the storage 
of flammabl e l i quids, nucl e ar pow e r plants) 
and natural hazards (for e xamp le , oc e an erod 
ible areas, and flood hazard areas be l ow 5 feet 
mean high water lino that would bo s usceptible 
to s e a l e v e l — ris e ); — this id e nt i ficat i on — shall 
includ e th e sp e c i fic s ourc e s of th e data ouch as 
flood insurance maps, count)' soils maps, etc.; 
(B) — areas with soil limitation s , including the fol 
lowing: 

fi) ar e as pr e s e nting hazards for foundations 

such as non compacting s oil s ; 

(«) shallow soils; 

(+h) poorly drained soils; 

(iv) ar e as with limitationo for septic tanks 

includ i ng both ojoos that are generally 
characterized — by — seil — limitations, — b«t 
within which small pockets of favorabl e 
soils do e xist; and areas whor e soil limita 
tions are common to most of the s oils 
present; 
^€) — sourc e s and e stimat e d quantity' and quality of 
wat e r supp l y, including: 

(t) groundwater recharge areas (bedrock and 

s urfic i al), 

fit) public wat e r supply wat e rsh e d, 

(iii) w e ll fields; 

(&) — arooa where the predominant slope exceeds 12 
popoont or areas with a high erosion p)otontial 
wh e r e bulkh e ads may b e construct e d in th e 
futur e . 

(3) Fragile Areas. — An identification shall bo made 

of those areas which could easily bo damaged or 
destroyed by inappropriat e or poorly plann e d 
d e velopment. — The following shall b e oonoidorod 

(as defined in 15A NCAC 7H)! coastal 

wetlands; sand dunes along th e outer banks; 
oc e an b e ach e s and shor el in e o; e stuarin e wat e rs 
and eotuarin e shor e lin e s; public trust wat e rs; 
complex natural areas; areas that sustain remnant 
species; areas containing unique geologic forma 
tiono; r e gist e r e d natural landmarks; and others 
such as wooded swamps, prim e wildhf e habitats, 
scenic and prominent high points, archeologio 
and historic sit e s; e tc. — Sp>ocial emphasis should 
b e giv e n to oth e r fragil e ar e as such aa maritim e 
forests, "'lO ' l" wotlondo, lands identifi e d through 
the U.S. Fish and Wildlife National Wetlands 
Inventor)', — areas — identified through EHNR' s 
Natural — H e ritag e — Program; — and oth e r areao 
which ar e not off e r e d prot e ction by e xisting 

(^) Areas with resource potential, including: — pre- 

ductiv e and uniqu e agricultural lando; fwtent i ally 



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756 



PROPOSED RULES 



valuable mineral oit e o; publicly own e d for e eto, 

parko, fieb — and — gam e londa, aad — other 

non intonsivo outdoof rocroation lands; privately 

owned wildlife sonotunrioo. Prime farmland 

ahall bo identified oonoiotent with th e Governor's 
Executive Ord e r Numb e r 96 promoting int e r 
Qgonoy — coordination — toward — prime — farmland 
pro8or . 'ation. 
(d) Conctrainto; Carrying Capaoity i\nalyoio. — i\n e xami 
nation of th e following indioators ohould b e made to aooiot 
the local government in evaluating its ability to provide 
baaic community soP i 'icoo to moot anticipated demand, as 
well ao pointing out d e fioienoieo which will nood future 
attention and offorto: 

^ existing water and sowor aorvico areas; including 

private ayotomo; 

(3) the design capacity of th e existing wat e r treat 

ment plant, sewag e tr e atm e nt plant, sohools, 
landfill or other solid waste disposal facility, 
police — and — fire protection — capmbility, — public 
administrativ e ability, primar>' roads, bridg e s 
and g e n e ral transportation system adequacy; 

(3^ the level (as a pwrcontago) at which the existing 

water treatment plant, s ewage troatmont plant, 
schools, and primar)' roads ar e currently uti 
lia e d; 

f4) the capacity of community facilities to supply 

exi s ting and anticipated — demand. Countie s 

containing — barrier islands and — munic i palities 
therein shall use the p>oak o e aoonal population oa 
a basis for public facility planning and policy 
development. — Past summer season usage data 
should b e us e d in pr e dicting future noodo and 
demand. 
(e) — Estimated Domnnd! 

fi^ Population and Economy. — A f > opulation estimate 

for the upcoming 10 y e ars shall b e mad e and 
us e d ao th e basis for d e t e rmining land and 
facilitie s demand and for classify'ing land areas. 
Ton year papulation projections will bo provided 
by the D e partment of Administration for u se in 
making population e stimat e s. — Projections will be 
provided for countie s and thoso cities and towns 
having a fwpulation greater than 2,500. — Accu 
rat e proj e ctions for thos e areas with a population 
of l e ss than 2,500 ar e not availabl e and must b e 

dovolof>od by the local planning unit. The 

projections — provided — by — the — Department — ef 
Administration ar e bas e d on prior tr e nds with 
annual up>datos. TTi e looal gov e rnm e nt may wish 
to use thoso trend projections as its p>opulation 
estimates or to modify them to include additional 
factors such as: 

fA^ — s e asonal — population. Counti e s — containing 

barrier islands and municipalities therein shall 
use peak aeoflonal population as a bas is for 
public facility planning and policy develop 
m e nt. 



(£) — local objectives conc e rning growt hs — To m e et 

th e intent of this item local govenimento shall 

consider local plans and jx i licioo oonooming 

growth as identified in Rules ■0202(bX3) and 

.0203 of this Sect i on. 

fG) — foroeoablo — social — and e conomic chang e to 

incliKk? an evaluation of tho proportions of the 

local — economy — devoted — te — tourism, — retail, 

construction and professional trad e s to illuo 

trate the changes occurring. 

The Department of Administration population 

model i s capable of taking into account some of 

th e s e consid e rations and should b e us e d wh e r e 

possibl e wh e n ouch fiirther refin e m e nt is d e sir e d. 

If s uch roflnomont causes a significant difforonoo 

between — the — Department — of Administrat i on 

population proj e ctions and th e local population 

e stimate, th e community shall e xplain the reason 

for tho difforonoo. The Coastal — Rosourcoe 

Commission must approve such an ostimato. 

(Or) Futur e Land N ee d. — To e stimat e the need for 

land for resid e ntial structures and relat e d se r 
vices, tho population predictions must bo exam 
inod in relation to prooont and future typoo of 
land d e v e lopment. — Th e e stimated population 
increase should be distribut e d at denoity^ leve l s 
which have boon stated in the policies described 
in .0203 of this Section and in line with tho land 
olaosifioation system outlin e d in .0201 of this 
Section. These policies shall consider both past 
deve l opment densities — and pattern s and tho 
desired future density and typo of development. 

(3) Community Facilities Demand. — Consid e ration 

shall b e giv e n to new facilit ie s which will b e 
required by tho estimated population growth and 
tho densities at which tho land is to bo dovol 

op e d. F e atur e s — sueh — as — landfills, — read 

wid e nings, bridg e s, e tc. should be consid e r e d in 
order to moot tho intent of this item. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0207 PRESENT CONDITIONS 

(a) Present Population and Ixonomy. A brief analysis of 
the local population and economy shall be made utilizing 
existing information. Particular attention should be given to 
the impact of seasonal populations and to economic activities 
which affect coastal land and water resources. 

(b) Existing Land and Water Uses. Existing land and 
water uses shall be mapped. The maps included in the Land 
Use Plan should be of an appropriate scale and quality for 
easy interpretation and should contain a synthesis of data 
gathered. Detailed maps should be prepared during plan 
development and retained for local government use as 
working documents. The maps used during plan develop- 
ment should include existing water conditions, including 
DEM stream classifications, water quality use support (as 
identified by DEM), watershed boundaries, wetlands. 



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August I, 1995 



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PROPOSED RULES 



primary and secondary nursery areas. Outstanding Resource 
Waters, and other features such as shellfish beds, beds of 
submerged aquatic vegetation, and natural heritage protec- 
tion sites. In addition, the maps should show the location 
of existing development and the location of major subdivi- 
sions that have been platted but not yet developed. Existing 
land uses should be considered as the basis for the land 
classification map called for in Rule .0213 of this Section. 
In this analysis, particular attention may be given to: 

(1) significant land use compatibility problems; 

(2) significant water use compatibility problems 
including those identified in any water supply 
plan a ppendix and those identified in the a pplica- 
ble DEM basinwide plan: 

(3) significant problems that have resulted from 
unplarmed development and that have implica- 
tions for future land use, water use, or water 
quality: 

(4) an identification of areas experiencing or likely 
to experience changes in predominant land uses. 
including agricultural and forestry land being 
converted to other uses and previously undevel- 
oped shoreline areas where development is now 
occurring: 

(5) significant water quality conditions and the 
connection between land use and water quality. 

(c) Current Plans. Policies and Regulations. This element 
shall contain: 

(1) a Usting and narrative summary of existing plans 
and policies having significant implications for 
land use, including where a pplicable transporta- 
tion plans, community facilities plans, water 
supply plans, solid waste plans, utilities exten- 
sion policies, open space and recreation policies, 
and prior Land Use Plans and policies. This 
listing and summary shall distinguish between 
studies and other background documents and 
local ordinances or policies that have been 
adopted and are currently in use: 

(2) a listing of all existing local land use regulations 
and ordinances and a brief description of the 
means for their enforcement (both staffing 
arrangements and the adequacy of ordinances 
themselves), such as zoning, subdivision, flood- 
way, building, septic tank, historic district, 
nuisance, dune protection, wetland protection, 
sedimentation, environmental impact, stormwater 
management, mobile home park, group housing 
and planned unit development (PUD). The 
local government should also review the rela- 
tionship of its local regulations and ordinances 
with its Land Use Plan policies and land classifi- 
cation map, and identify conflicts, inconsisten- 
cies and possible solutions. Specific permitted 
land uses, densities and lot sizes should be 
discussed. 



Statutory Authority G.S. 113A-107(a); 113A-124. 

.0208 CONTENTS OF LAND USE PLAN 

(a) The land use plan shall contain all olomonts dascribod 
in Ruleo .0301 — .0207 of this S e ction. 

(b) The land us e plan ohall b e pr e s e nt e d in th e following 
general format: 

{^ a summary of data colloction (as doscribod in 

Rul e .0202 of thie S e ction); 

(3) an analyoio of all data ooUootod; 

(5) Btatomonts of local policy on those land use 

planning iaauoa which will affect the oommunit)' 

during the 10 y e ar planning pwriod; 

(4) a land olossifioation map; 

{#) a discufloion of the relationship botv » 'oon the local 

govommont's adopted policioe and the land 

olaoflifioation map; 
(6) a diooufloion of how adjac e nt govomm e nto' piano 

wore considorod in the preparation of the land 

use plan. 

Statutory Authority G.S. 113A-110; 113A-124. 

.0209 CONTENTS OF THE EXECUTIVE SUMMARY 

If an oxooutivo oummary i s pr e par e d as a part of the land 
us e plan, it ohall contain a oummar)' of th e land us e isBu e a 
which v ^ 'ill affect the oommunit)' during the planning period 
and the policioa which the local govommont has adopted to 
addrooo thooo iooueo. 

Statutory Authority G.S. 113A-110; 113A-124. 

.0210 CONSTRAINTS 

(a) Land Suitability. An analysis shall be made of the 
general suitability for the development of undeveloped lands 
as identified on the map of existing land and water uses, 
with consideration given to the following factors: physical 
limitations for development, watersheds with impaired water 
quality, fragile areas, and areas with resource potential. 
The major purpose of this analysis is to assist in preparing 
the land classification map and, where a pplicable, in 
identifying which small watersheds have significant limita- 
tions or o pportunities for development. 

(1) Physical Limitations for Development. Identify 
areas likely to have conditions making develop- 
ment costly or that would cause undesirable 
consequences if developed. The following areas 
shall be identified: 
(A) major hazard areas, including man-made 
hazards (for example, airports, tank farms for 
the storage of flammable liquids, nuclear 
power plants) and natural hazards (for exam- 
ple, ocean hazard areas, flood hazard areas, 
and areas that would be susceptible to sea level 
rise); reference the specific sources of the data 
such as flood insurance rate maps, county soils 
maps, etc.; 



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August 1, 1995 



758 



PROPOSED RULES 



(B) areas with soil limitations, including the fol- 
lowing: 

(i) areas presenting hazards for foundations 
such as non-compacting soils; 

(ii) shallow soils; 

(iii) poorly drained soils; 

(iv) areas with limitations for septic tanks 
including both areas that are generally 
characterized by soil limitations, but 
within which small pockets of favorable 
soils do exist; and areas where soil limita- 
tions are common to most of the soils 
present; 

(C) where the information is readily ayailable. 
water supply areas and the estimated quantity 
and quality of the water supply [unless dis- 
cussed in a water supply plan appendix], 
including: 

(i) groundwater recharge areas (lied rock and 

surFicial). 
(ii) public water supply watershed, 
(iii) public and community supply wellFields; 

(D) areas where the predominant slope exceeds 12 
percent; 

(E) shoreline areas with a hi^h erosion potential 
where bulkheads may be constructed in the 
future; and 

(F) small watersheds which drain into water bodies 
classified or designated Nutrient Sensitive 
Waters. Outstanding Resource Waters, Pri- 
mary Nursery Areas, High Quality Waters. SA 
Waters, or not-fully-supporting waters. 

(2) Fragile Areas. Based on information provided 
by the Division of Coastal Management, identify 
sensitive areas which could easily be damaged or 
destroyed by inappropriate or poorly-planned 
development. These shall include Areas of 
Environmental Concern (AECs) as defined in 
15A NCAC 7H and other areas that could 
qualify for AEC designation under 15A NCAC 
7H .0500. including coastal wetlands, sand 
dunes along the Outer Banks, ocean beaches and 
shorelines, estuarine waters and estuarine shore- 
lines, public trust waters, complex natural areas, 
areas that sustain remnant species, areas contain- 
ing unique geologic formations, and archaeologi- 
cal or historic resources. Special emphasis 
should be given to other fragile areas such as 
maritime forests . prime wildlife habitats, scenic 
areas and prominent high points, archaeologic 
and historic sites, wetlands identified on Divi- 
sion of Coastal Management wetland maps, 
other wetlands, natural areas identified by 
EHNR's Natural Heritage Program, streams 
identified by the Division of Marine Fisheries as 
Anadromous Fish Spawning Areas, and other 
sensitive areas not offered protection by existing 
Rules. Note that onh' an identification of fragile 



areas is called for here; a discussion of local 
policies to protect those areas is called for in 
Rule .0212(1) of this Section. 
(3) Areas with Resource Potential. Identify areas 
with resource potential, including productive and 
unique agricultural lands; potentially valuable 
mineral sites; publicly-owned forests, parks, fish 
and gamelands. and other non-intensive outdoor 
recreation lands; and privately-owned wildlife 
sanctuaries. Prime farmland shall be identified 
consistent with the Governor's Executive Order 
Number 96 promoting interagency coordination 
toward prime farmland preservation, 
(b) Community Services Capacity. An examination of 
community services capacity shall be made to assist the local 
government in evaluating its ability to provide basic commu- 
nity services to meet anticipated demand, as well as pointing 
out deficiencies which will need future attention and efforts. 
The plan shall contain comprehensive analyses of: 

(1) Wastewater Management. This analysis shall 

project all wastewater treatment needs. It should 
include the following considerations: 
(A) Estimation of projected sewage treatment needs 
(including central systems, package treatment 
plants and septic systems) based upon pro- 
jected population growth and the population 
that can be accumulated by the land classifica- 
tions assigned in accordance with Rule .0213 
of this Section. Such needs may not exceed 
the assimilative capacity of coastal lands, 
wetlands and waters to absorb point and 
Donpoint source pollution, including the sec- 
ondary pollution resulting from growth induced 
by increased treatment capacity; 
Water conservation and pollution prevention 
planning to reduce wastewater volume and 
pollutant concentration at public and private 
treatment facilities; 
Re-use of treated water as a first alternative 



mi 



(O 



(D) 



(E) 



ID 



where feasible. Plans for land application of 
wastewater should ensure that application lands 
do not drain to waters classified for shellfish 
harvest; 

Pursuit of non-discharge treatment technolo- 
gies, such as connection to existing treatment 
facilities, land application or subsurface sys- 
tems, as a first alternative. (Plans for land 
application of wastewater would ensure that 
a pplication lands do not drain to waters classi- 
fied for shellfishing harvest); 
Regionalization of discharge with best avail- 
able treatment technology when discharges are 
necessary; 

Incorporation of small communities with 
failing septic systems and of small, on-site 
wastewater treatment facilities (package plants) 
that frequently malfunction into centralized 
wastewater systems; 



759 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



PROPOSED RULES 



(G) Targeting of public funds for treatment facili- 
ties to low income communities with failing 
wastewater systems that are causing water 
quality impairment: and 

(ID Long-term maintenance and monitoring at on- 
site wastewater facilities. 

(2) Drinking Water Supply. Natural su pplies of 
fresh surface and groundwater are limited in 
some parts of the coastal area. State legislation 
now requires all local governments that su pply 
water to prepare plans to identify sources to 
meet projected needs. Updates of water supply 
plans should be coordinated to occur simulta- 
neously with updates of the CAMA Land Use 
Plans. Conclusions of these water supply plans 
should be summarized in this Section of the 
plan. The local goyemment's capacity to pro- 
vide adequate drinking water supplies in light of 
projected peak population estimates should be 
evaluated. 

(3) Transportation. Transportation improvements of 
the next 10 years necessary to meet local and 
regional peak population estimates shall be 
evaluated and mapped. To assist in this analy- 
sis, the Division of Coastal Management will 
provide all transportation plans currently under 
development by the Department of Transporta- 
tion to local governments. The ability of a local 
government to conduct a hurricane evacuation 
shall be determined. 

(4) Other Community Facilities and Services. 
Considerations of the design capacity of the 
existing schools, landfill or other solid waste 
disposal facility, police and fire protection 
capability, and public administrative ability. 
Peak seasonal population shall be used as a basis 
for public facility planning and policy develop- 
ment. Past peak season usage data should be 
used to predict future needs and demand. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0211 ESTIMATED DEMANDS 

(a) Population and Economy. A population estimate for 
the upcoming 10 years shall be made and used as the basis 
for determining land and facilities demand and for classify- 
ing land areas. Population projections from the Department 
of Administration will be provided for counties by the 
Division of Coastal Management for use in making popula- 
tion estimates. The projections are based on prior trends 
with annual updates. The local government may wish to use 
these trend projections as its population estimates or to 
modify them to include additional factors such as: 

(1) seasonal population. The local government shall 
use peak seasonal population as a basis for most 
public facility planning and policy development. 

(2) local objectives concerning growth. The local 



governments shall consider the local plans and 
policies concerning growth that are identified 
pursuant to Rules .0206(d') and .0212 of this 
Section. 
(3) foreseeable social and economic change. The 
local government shall evaluate the proportions 
of the local economy devoted to tourism, retail, 
construction and professional trades to illustrate 
social and economic changes. 

(b) Future Land Needs. To estimate the need for land for 
residential structures, commercial uses and related services, 
the population predictions must be examined in relation to 
present and future types of land development. The esti- 
mated population increase should be distributed at density 
levels which have been stated in the policies described m 
Rule .0212 of this Section and in line with the land classifi- 
cation system outlined in Rule .0204 of this Section. These 
poUcies shall consider both past development densities and 
patterns and the desired future density and type of develop- 
ment. 

(c) Demand for Community Facilities and Services. 
Consideration shall be given to new and expanded facilities 
which will be required by the estimated population growth 
and the densities at which the land is to be developed. 
Features such as landfills, road widenings. bridges, water 
and sewer, police and fire protection, solid waste and 
schools should be considered in order to meet the intent of 
this item. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0212 T«30J POLICY STATEMENTS 



(a) The plan shall contain statements of local policy on 
those land use issues which will affect the community during 
the JO year planning period. This Section will begin with 
a general vision policy statement describing the type of 
community that the local government would like to become 
in the next 10 years. The issues shall include but not be 
limited to: resource protection, resource production and 
management, economic and community development, 
continued pubhc participation and storm hazard mitigation. 
Policies may be specific to particular small watersheds and 
may differ among small watersheds with different condi- 
tions. Particular emphasis should be given to small water- 
sheds with existing water quality impairment or other unique 
characteristics identified in flie a pplicable Basinwide Plan or 
other state or local analysis. Local governments should 
ensure to the greatest extent possible that there is consis- 
tency among individual policies developed in each policy 
category. Particular attention should be given to individual 
policies in the resources protection, resources production 
and economic and community development categories. For 
example, a resource protection policy to "protect water 
quality in surface waters" should be reflected in economic 
and community development jxilicies which would also 
affect surface water quality. Local governments may 
include the analysis of previous policy effectiveness called 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



760 



PROPOSED RULES 



for in Rule ■Oa03(3)(A)(i) .0206(e) of this Section as a 

preface to this policy section. 

(1) Resource ProtectionK To include a basic state- 
ment as to the community attitude toward re- 
source protection: 

(A) Local governments shall discuss each of the 
aroflfl — of onvironmontal — conoom Areas of 
Environmental Concern (AECs) and other 
fragile areas located within its jurisdiction and 
list the types of land uses which it feels are 
appropriate in each of those areas typo of ar e a 
and tho roaoons for including oach land uoc 
r>'p e . — In th e oamo monnor, th e phyaioal oon 
strointD to dovolopmont which oxiot within th e 
planning jurisdiction ohall bo analyzed [ao not 
forth in .0202(c) of this Soction]. Compatible 
uooo for ar e ao ^ith cultural and hiotorio valu e 
should also bo doooribed. — Suob qu e otiono as 
tho foUov ^ 'Lng should bo addrossod: — "What will 
bo tho bonoFits which will accrue to tho local 
governm e nt for e ncouraging dovolopmont or 
pr e e e P i 'ation of th e s e ar e as?" — "What local, 
stato, or fodoml protection is needed for thoso 
areas?" In addition, the local government 
should identify, discuss and develop policies 
for issues that are locally significant, but not 
identified elsewhere in these Rules. 

(B) As At a minimum, the plan shall contain 
policy statements on the following resource 
protection issues (if relevant): 

(i) constraints to development (e.g., soils, 
flood prone areas); to include an explicit 
discussion of soil suitability/septic tank 
use; 

(ii) specific local resource development issues 
relative to areas of environmental concern 
designated under 15A NCAC 7H; and land 
uses and development densities in proxim- 
ity to ORWs; 

(iii) protection of wetlands identified as of the 
highest functional significance on maps 
su pplied by the Division of Coastal Man- 
agement (where available); 

(iv) {«t)other hazardous or fragile land areas, 
including but not Umited to other wetlands, 
fresh' i ' i 'ater sv ^ 'amps and marohoo, maritime 
forests, pocosins and 401 wetlands, ORW 
areas, shellfishing waters, water supply 
areas and other waters with special values, 
cultural and historic resources, and man- 
made man mad e hazards. This discussion 
may be in terms of the nomination proce- 
dure for ar e as of e nvironm e ntal oonc e m 
Areas of Environmental Concern under 
Section .0500 of 15A NCAC 7H; tbk 
discuaaion should also include local pwlicy 
d e v e lopm e nt to prot e ct thos e fragil e ar e as 
which or e not cov e r e d by e xisting rul e e 



and those polioieo oon also b e r e fl e ct e d in 
land olaooifioation and loool ordinanoo; 

(iv) hurricane and flood evacuation noods and 

plans, Qfl spocifiod in Rule ■0203(a)(6) of 
this S e ction; 
(v) means of protection of pxjtable water sup- 
ply, 
(vi) the use of package treatment plants for 
sewage treatment disposal can also be 
listed under economic and community 
development policies, discussion of pack- 
age treatment plants should also include 
consideration of requirements for the 
ongoing private operation and maintenance 
of the plant(s) and provisions for assump- 
tion of the plant(s) into the public system 
should the private operation fail; 
(vii) stormwater nmoff associated with agricul- 
ture, residential development, phosphate or 
peat mining and their impacts on coastal 
wetlands, surface waters or other fragile 
areas; 

marina and floating home development, 
moorings and mooring fields, and dry 
stack storage facilities for boats associated 
either with or inde{>endent of marinas; 
industrial impacts on fragile areas; 
development of sound and estuarine system 
islands; 

restriction of development within areas up 
to five foot above mean high water that 
might be susceptible to sea level rise aad 
wetland looo ; 

upland excavation for marina basins; and 
the damaging of existing marshes by bulk- 
head installation; and installation. 
water quality problems and management 
measures designed to reduce or eliminate 
local sources of surface water quality 
problems. 
(2) Resource Production and Management: Manage- 
ment. To include a basic statement as to the 
community attitude toward resource production 
and management: 

(A) Local governments shall discuss the impor- 
tance of agriculture, forestry, mining, fisheries 
and recreational resources to the community. 
The most productive areas shall be identified 
and values of protecting these productive areas 
shall also b e discussed. In addition, the local 
government should identify, discuss and de- 
velop poUcies for issues that are locally signifi- 
cant. 

(B) A« At a minimum, the plan shall contain 
policy statements on the following resource 
production and management issues (if rele- 
vant): 

(i) productive agricultural lands; 



(viii) 



(ix) 

(X) 

(xi) 



(xii) 
(xiii) 

(xiv) 



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August 1, 1995 



10:9 



PROPOSED RULES 



(ii) commercial forest lands; 
(iii) existing and potential mineral production 

areas; 
(iv) commercial and recreational fisheries; 
including nursery and habitat areas, 
ORW's, and trawling activities in estuarine 
waters; 
(v) off- road vehicles; 

(vi) residential, commercial and industrial land 
development impacts on any resources; 
and 
(vii) peat or phosphate mining's impacts on any 
resource. 
(3) Economic and Community Devolopm e nt: Devel- 
opment. To include a basic statement as to the 
community attitude toward growth: 

(A) Lxjcal governments shall discuss the types of 
development which are to be encouraged. In 
this instance, the term "development" shall 
include residential, commercial, industrial and 
institutional development. The plan shall 
consider the costs and benefits of redevelop- 
ment of older areas as well as the creation of 
new subdivisions or industrial parks. In addi 
tion, th e oapaoity of e xi s ting faoilitiea (land, 
utilitioo, tronoportntion, e to.) to oorvioo n e w 
dovolopmontfl and tho potential for ootabliohing 
now public support facilitioo (including ooats 
and financing m e thods) shall bo disouoood. 

(B) A« At a minimum, the plan shall contain 
policy statements on the following economic 
and community development issues (if rele- 
vant): 

(i) types and locations of industries desired 
(including discussion of specific sites or 
standards for sites in general) and local 
assets desirable to such industries ; 

(ii) local commitment to providing services to 
development; 

(iii) types of urban growth patterns desired 
(including policy regarding development 
away from existing urban clusters); 

(iv) types, densities, location, units per acre, 
etc. of anticipated residential development 
and services necessary to support such 
development including an assessment of 
how solid waste disposal will be managed; 

(v) (iv)redevelopment of developed areas 
including relocation of structures endan- 
gered by erosion, paying particular atten- 
tion to the extent existing zoning allows 
more intense redevelopment than current 
uses; 

(vi) (v)commitment to state and federal pro- 
grams in areas (including (for example 
erosion control, public aoooeB, highway 
improvements, port facilities, dredging, 



military facilities, housing rehabilitation, 
community development block grants, 
housing for low and moderate income 
level citizens, water and sewer installation, 
and rural water systems eter-); 
(vii) fvi)assistance to channel maintenance^ 
interstate waterways, and beach nourish- 
ment projects (including financial aid, 
provision of borrow and spoil areas, provi- 
sion of easements for work); 
(viii) (vii)energy facility siting and development 
to include sjjecific reference to electric 
generating plants, both inshore and outer 
continental shelf (PCS) OCS exploration 
or development to address the possibilities 
of refineries, storage, transshipment and 
the potential negative environmental effect 
from blowouts, spills etc.; 
(ix) (vtii)tourism; 

(x) (i)ooastal and ostuarino water boach acco e s 
(which oould includ e urban waterfront 
aooooo). public beach and waterfront 
access. Policies on type and location 
should be based on an inventory of all 
publicly owned properties, to include street 
ends appropriate for access development, 
all privately owned parcels appropriate for 
access development, and privately owned 
parcels where access occurs customarily. 
State standards for beach access locations 
as expressed in 7M .0303 shall also be 
considered in site location. These access 
areas should be indicated on maps in the 
Land Use Plan and shall provide for the 
diverse needs of the permanent and peak 
seasonal populations as well as day visi- 
toro; visitors. 

(k) typeo, donoitioo, location; units p e r acr e 

etc. of anticipated roaidontial devolopment 
and Bor^'icos nocossar)' — to support such 
d e v e lopm e nt including tho Dotting aside of 
or id e ntification of oitoo for futur e landfill 

(C) In addition to specific policy statements on 
issues listed in this Paragraph, local govern- 
ments should pay particular attention in policy 
development to observed land use trends such 
as: in inland areas significant changes from 
lower intensity to higher intensity uses, con- 
version of agricultural and forest uses to 
residential or commercial, or from forest to 
agricultural. Land use trends in estuarine, 
river and sound areas include residential water- 
front development and increases in density of 
waterfront residential uses; marinaj^ moorings, 
or dry stack facility development and expan- 
sion, floating homes and public and private 



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762 



PROPOSED RULES 



services provided to supf)ort higher intensity 
uses and the cumulative impact of such trends 
on water quality. Oceanfront and barrier 
islands should address the adequacy of existing 
and planned transportation routes, bridges, 
water and sewer systems, and other carrying 
capacity features and local ordinances to 
accommodate expected and ix>tential changes 
in land use intensities and overall growth. 

(4) Continuing Public Participation. Local govern- 
ments shall discuss the means by which public 
involvement in the land use plan Land Use Plan 
Ufxlate will be encouraged. The public involve- 
ment policies shall be consistent with the con- 
cepts set forth in Rule .0207 .0215 of this 
Section. As At a minimum, the plan shall 
address the following pubUc participation issues: 

(A) description of means to be used for public 
education on planning issues; 

(B) description of means to be used for continuing 
public participation in planning; and 

(C) description of means to be used for obtaining 
citizen input in developing land ubo plan Land 
Use Plan p>olicy statements. 

^5) Th e Coastal Rooouro e o Commiooion in oonoulta 

tion with th e looal govommonto, may s p e oify 
other 8 p>ocific i ss uoe that must bo addroosod in 
particular local land u s e plans and the local 
govommont io oloo e ncourag e d to d e v e lop poli 
oi e o on ioouoo that or e of particular looal impor 
tonco. 

(5) (6)Storm Hazard Mitigation, Post-Disaster 
Recovery and Evacuation Plans: 

(A) Coastal Storm hazard mitigation polioi e o ar e 
required as part of the land use plan. Local 
governments shall adopt local policies dealing 
with coastal storm hazard mitigation. The 
purfHDse of these poUcies is to guide the devel- 
opment of the community so that the risk of 
damage to property and the threat of harm to 
human life from coastal storms is kept to a 
minimum level, 
(i) i\s a part of the plan, the following studios 
must bo done The following information 
shall be included in the plan : 
(I) A description of the e ff e oto of ooaotal 
stormfl tbo community' will bo oubjoctod 
te likely conditions that the community 
wlU experience during a coastal storm; 
e.g. high winds, storm surge, flooding, 
wave action, erosion, etc. 
(II) A composite hazards map showing the 
hazardous areas within the planning 
jurisdiction. The local government 
should use using the best available 
information including NFIP flood in- 
surance rate maps and other data from 
the Division of Emergency Manage- 



ment, data, th e Eaotem N.C. Evaoua 
tion Study, AEC data, e tc. ohowing the 
ha zardous aroos within the plannin g 
jurifldietion; oaoh Each hazardous area 
should be described in terms of type of 
hazard that it's likely to be subjected to 
and the relative severity of risk pres- 
ent. 
(lU) An existing land use inventory for each 
of the most hazardous areas which will 
portray portrays the amount of existing 
development at risk for each aroa . The 
intent of this provision can be achieved 
by overlaying each hazard area ujson 
the existing land use map. 
(ii) The following Coastal Storm coastal storm 
hazard mitigation policies must shall be a 
part of th e land uo e plan and th e following 
must bo considorod included in the plan : 
(I) Policies intended to mitigate the effects 
of high winds, storm surge, flooding, 
wave action, erosion, etc.; 
(U) Policies intended to discourage devel- 
opment, especially high density or 
large structures in the most hazardous 
areas; 
(HI) PoUcies dealing with public acquisition 

of land in the most hazardous areas; 
(IV) Policies dealing with evacuation. 
While it is recognized that evacuation 
is the responsibility of county emer- 
gency management f>ersonnel and the 
Department of Crime Control and 
Public Safety, Division of Emergency 
Management, each land uso plan Land 
Use Plan should consider the impact of 
the land use and other policies on evac- 
uation problems. The following should 
be considered: decreasing density so 
as to decrease the number of people 
needing to evacuate; requiring that 
major residential development (includ- 
ing motels, condo s condominiums and 
subdivisions of over 30 units) provide 
adequate emergency shelter for their 
occupants; ensure that new public 
buildings can be adequately used as 
shelters; participation in a regional 
evacuation planning process. 
(B) Post-disaster Peet — disast e r reconstruction 
{wlicies are also required as part of the laa^ 
uso plan Land Use Plan in order to guide 
development during the reconstruction period 
following a disaster so that the community, as 
it is rebuilt, is less vulnerable to coastal storms 
than it was before the disaster. The following 
should be considered in these policies: 
(i) the The county emergency management 



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PROPOSED RULES 



\ 



} 



plan, esp>ecially the preparation and re- 
sponse sections; 
(ii) local Local policies which will direct 
reconstruction over a longer period of 
time; 
(iii) th« The establishment of a "recovery task 
force" to oversee the reconstruction pro- 
cess and any pwlicy issues which might 
arise after a storm disaster; 
(iv) tbe The establishment of a schedule for 
staging and jjermitting repairs, including 
the imposition of moratoria, according to 
established priorities assigned to the resto- 
ration of essential services, minor repairs, 
major repairs and new development; and 
(v) the The establishment of policies for repair 
and/or or replacement of public infrastruc- 
ture, including relocation to less hazardous 
areas. 
(6) The Coastal Resources Commission in consulta- 
tion with the local government, mav. at the 
begimiing of the planning process, specify other 
specific issues that must be addressed in particu- 
lar local Land Use Plans, and the local govern- 
ment is also encouraged to develop policies on 
issues that are of particular local importance. 
(b) For each of the policy issues listed in Paragraph (a)(1) 
through (6) of this Rule, the land uno plan Land Use Plan 
shall contain the following: a discussion of the scope and 
importance of the issue, alternative {>olicies considered, the 
policy adopted by the local government for that isauo , and 
a description of how the local policy £or group of policies) 
will be implemented. Looal polioieo should pay particular 
att e ntion to wat e r quality' impaoto and the longer torm 
aocumulativo impacts of dovolopmont. 

(1) Definition of Issues. Eaeb The local govern- 
ment shall consider, with the aid of the planning 
board and citizen advisory groups, those issues 
which will affect the community during the 10; 
year planning period. 

(2) Discussion of Possible Policy Alternatives. 
Alternative scenarios shall be discussed for each 
land use issue, based upon different population 
projections and different types of public policyy 
ohall b e dioouoo e d in th e land us e plan . The 
costs and benefits to the community shall be 
analyzed, including cost of providing services 
and increased revenues from potential develop- 
ment both for the initial action and for the 
long-term consequences , ohall b e analyE e d . 

(3) Choice Selection of PoUcies. The local govern- 
ment shall proparo select pwlicies based Ufwn the 
data analysis and the a discussion of the best 
possible alternative for each land use issue. 
ThoGO policy ohoicoa The policies that are se- 
lected shall be sot forth indicated clearly in the 
plan. The f>olicies shall be reasonable and 



achievable by the local govenmient within the 
fiscal constraints and the management system 
which the local government has established and 
within the 10-year planning period. 
(4) Dosoription of PropKJsed Implementation Meth- 
ods. 

(A) fiaeh The local govommontal unit government 
shall discuss various methods (er of achieving 
each of the pwlicies which hav e b e en adopt e d 
for th e land us e ioouoo selected for adoption . 
The land use plan Land Use Plan shall include 
a description of the methods by which the local 
government intends to implement their policy 
choices. Actions which will need to be taken 
shall be described and a proposed time sched- 
ule for these necessary actions shall be out- 
lined. 

(B) The Land Use Plan plan ohall addrooo the 
oonsifltoncy botv » 'oon the plan and all adopted 
should include an analysis of the consistency 
of all existing land use ordinances and capital 
improvement plans and budgets with the Land 
Use Plan . The intont horo ia for local govern 
mont to analyze the conaiBtoncy bot\ » 'oon the 
plan and all adopt e d land uo e ordlnanooo, 
capital improv e m e nt piano and budgoto and 
The plan should also discuss the local adminis- 
trative ability and timing priority for carrying 
out the policy. 

(c) In the policy discussion process, the local govern- 
ments shall review and consider all current land use and 
related plans, policies and regulations which affect the 
planning jurisdiction [as as identified in Rule .0202(b)(3) 
.0206(d) of this Section Section] whether prepared by the 
local government or another governmental unit. Meetings 
^ftU should be held with the planning and governing boards 
of all adjoining planning jurisdictions to discuss planning 
concerns of mutual interest. The plan shall include a list of 
these joint meetings and discuss the results of them those 
meetings . 

(d) All policies adopted by the local government as a part 
of the land us e plan Land Use Plan shall be consistent with 
the overall coastal policy adopted by the Coastal Resources 
Commission. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

■0213 .«2«4 LAND CLASSIFICATION 

(a) A land classification system has been d e v e lop e d 
devised as a means of assisting in the implementation of the 
local policies adopted as provided in pursuant to Rule .0203 
.0212 of this Section. By delineating land classes on a map^ 
local government and its citizens can specify those areas 
where certain policies (local, state and federal) will apply. 
The land classification system ia intended to should be 
supported by and complomentod by consistent with zoning, 
subdivision and other local growth management tools aad 



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August I, 1995 



764 



PROPOSED RULES 



thoGO looal toolo ohould bo oonoiotont w'ith the olosoifioation 
oyot e m qo muoh oa poooibl e. Although specific areas are 
outlined on a land classification map, it must bo romom 
borod should be noted that land classification is merely a 
planning tool to help implement policies and not, in the 
strict sense of the term^ a regulatory mechanism. The land 
classification map must be of a s cale and quality that is 
easily road by local, state and fcxioral agencies. Boundaries 
of each land olaoe classification should be described in the 
text as clearly as possible in th e t e xt . To further clarify its 
intent, the local government should describe how land 
classification is linked to policy. For example, a local 
govommont may hav e a policy to protoot ourfaoe water 
qualit)' from agriculture and urban dev e lopm e nt runoff. — The 
implementation strategy might bo to require land buffers, 
s ales etc. botv . 'eon dovolopmont and water bodies. — The local 
gov e rnment could th e n d e signat e a oono e P i 'ation buff e r 
around wator bodi e o. This buff e r oould b e doooribod in tho 
narrative of the plan as "...a one mile buffer of conservation 
lands..." which would clarify' tho local government's intent. 
£b) The final land classification map included in the Land 
Use Plan shall be clear and legible. This map may be a 
smaller version of the final map prepared by the planning 
jurisdiction. One copy of the land classification map which 
is suitable for entry into a geographic information system 
(GIS) shall be submitted to the Division of Coastal Manage- 
ment. This map shall reference a standard coordinate 
system (latitude/longitude or NC State Plane) and have a 
minimum map scale of 1:100.000 for counties. Higher 
detail maps should be used for municipal land classification 
maps. Where feasible, a digital version of the ma p shall be 
submitted. 

(c) fb)The land classification system provides a frame- 
work to be used by local governments to identify the future 
use of all lands. The designation of land classes allows the 
local government to illustrate their policy statements as to 
where and to what density intensity they want growth to 
occur, and where they want to conserve natural and cultural 
resources by guiding growth. 

(d) (e)The land classification system includes seven 
classes: d e v e lop e d, — urban transition, — limit e d transition, 
community, rural, rural with oop i 'ioos. and oonson'ation 
Developed, Urban Transition, Limited Transition, Commu- 
nity, Rural, Rural with Services, and Conservation . The 
Local govemmonto local government may subdivide these 
classes into more specific oubolaso e o. — Asy subclasses but 
any subclass should be able to aggregate back to the original 
class. Some classes may not apply to each local govern- 
ment; for example, the community Community or rural 
Rural class may not apply in an incorporated municipality. 
Local governments are also encouraged to make some 
distinction between urban transition Urban Transition areas, 
which are intended to reflect intensely developing areas with 
the full range of urban services to be supplied, and limit e d 
transition Limited Transition areas that are less intensely 
developed, may have private services and are frequently 
located in a rural landscape. Both of these classes are 
described later in this Rule. 



(e) (4)ln applying the land classification system oaoh the 
local government should give particular attention to how, 
where and when development of certain types and intensity 
will be encouraged or discouraged^ based upon the commu- 
nity services analysis conducted in Rule .0210(1?) of this 
Section . Urban land uses and higher intensity uses which 
presently require the traditional urban services should be 
directed to lands classified as dovolopod Developed . Areas 
developing or anticipated to develop at urban densities which 
will eventually require urban services should be directed to 
lands classified transition as Transition . Low density 
development in settlements which will not require sewer 
services should be directed to areas classified as oommunt tyr- 
Community. Agriculture, forestry, mineral extraction and 
other similar low intensity uses and very low density', 
disporsod low-density residential uses should be directed to 
lands classified fwal as Rural. Generally, public or private 
water or sewer systems will not be provided in areas 
classified rural as an incentive for intense development. 
The land use classification should reflect the future water 
and wastewater service areas assumed in any water supply 
plan appendix. 

(1) Developed: 

(A) Purpose. The purpose of the do' . 'olopod Devel- 
oped class is to provide for continued intensive 
development and redevelopment of existing 
cities, towns and their urban environs. 

(B) Description and characteristics. Areas meeting 
the intent of the d e v e lop e d Developed classifi- 
cation are currently urban in character where 
minimal undeyelop)ed land remains and have in 
place, or are scheduled for the timely provi- 
sion of, the usual municipal or public services. 
Urban in character includes mixed land uses 
such as residential, commercial, industrial, 
institutional and other uses at high to moderate 
densities. Services include water, sewer, 
recreational facilities, streets and roads, police 
and fire protection. In some instances an area 
may not have all the traditional urban services 
in place, but if it otherwise has a developed 
character and is scheduled for the timely 
provision of these services, it still meets the 
intent of the developed classification. Areas 
developed for predominantly residential pur- 
poses meet the intent of this classification if 
they exhibit: 

(i) a density of 3 three or more dwelling units 

per acre; or 
(ii) a majority of lots of 15,000 square feet or 
less, which are provided or scheduled to 
be provided with the traditional urban 
services; and/or or 
(iii) permanent population densities that are 
high and seasonal populations that may 
swell significantly. 

(C) Discussion. Local governments may subdivide 
the d e v e lop e d Developed class into oubclaoo e o. 



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> 



) 



subclasses such as Dovolopod/multifomily 
r e eid e ntiol, dev e lop e d^oingle family rooidontial, 
dovolopod^oommoroial and dc i 'olopod/induGtrial 
ofo OKamp le§ Developed/Multifamilv Residen- 
tial. Developed/Single-familv Residential. 
Developed/Commercial and Devel- 

oped/Industrial . In applying the dovolopod 
Developed class or subclasses, the local gov- 
ernment should discuss how, when and where 
it will provide the services necessary to sup- 
port the needs of an urban area. This class is 
designed to illustrate urban intensity develop- 
ment and services necessary to support it and 
should be applied to existing cities and towns 
and intense development within the extraterri- 
torial planning jurisdictional area (if any). The 
dovolopod Developed class is one of two 
classes the local government should apply to 
areas containing intense urban development 
requiring urban services. 
(2) Urban Transition: 

(A) Purpose . The purpose of the urban tnmoition 
Urban Transition class is to provide for future 
intensive urban development on lands that are 
suitable and that will be provided with the 
necessary urban services to support intense 
urban development. 

(B) Description and Characteristics. Areas meet- 
ing the intent of the urban tranoition Urban 
Transition classification are presently being 
developed for urban purposes or will be devel- 
oped in the next five to ten years to accommo- 
date anticipated population and urban growth. 
These areas are in, or will be in an urban 
"transition" state of development going from 
lower intensity uses to higher intensity uses 
and as such will eventually require urban 
services. Examples of areas meeting the intent 
of this class are lands included within munici- 
pal extraterritorial planning boundaries and 
areas being considered for annexation. 

(i) Areas classified urban transition Urban 
Transition will provide lands for intensive 
urban growth when lands in the dovolopod 
Developed class are not available. Urban 
tnuioition Transition lands must be able to 
support urban development by being gen- 
erally free of physical limitations and be 
served or readily served by urban services. 
Urban development includes mixed land 
uses such as residential, commercial, 
institutional, industrial and other uses at or 
approaching high to moderate densities. 
Urban services include water, sewer, 
streets and roads, police and fire protec- 
tion that will be made available at the time 
development occurs or soon thereafter. 



Permanent population densities in this 
class will be high and the seasonal popula- 
tion may swell significantly, 
(ii) In choosing land for the urban transition 
Urban Transition class, such land should 
not include: Areas with severe physical 
limitations which would make the provi- 
sion of urban services difficult or impossi- 
ble, lands which meet the definition of 
conservation, lands of special value (unless 
no other alternative exists) such as produc- 
tive and unique agricultural lands, forest 
lands, potentially valuable mineral depos- 
its, water supply watersheds, scenic and 
tourist resources including archaeological 
sites, habitat for important wildlife sp>e- 
cies, areas subject to frequent flooding, 
areas important for environmental or 
scientific values, lands where urban devel- 
opment might destroy or damage natural 
systems or processes of more than local 
concern, or lands where intense develop- 
ment might result in undue risk to life and 
property from natural or existing manmade 
hazards, 
(iii) It should be understood that even though 
AEC standards occasionally permit wbas 
transition Urban Transition type develop- 
ment on a lot by lot lot-bv-lot basis within 
the various AEC'a AECs , this classifica- 
tion should generally not be applied to any 
AEC. 
(iv) Areas that are predominantly residential 
meet the intent of this class if; 
(I) they are approaching three dwelling 

units per acre, or 
(U) a majority of the lots are 15,(XX) square 
feet or less and will be provided with 
essential urban services to support this 
high density development, or 
(HI) are contiguous to existing developed 
municipal areas. 
(3) Limited Transition: 

(A) Purpose. The purpose of the Limited Transi- 
tion Glass class is to provide for development 
in areas that will have some services, but are 
suitable for lower densities than those associ- 
ated with the Urban Transition Class, and/or 
class, or are geographically remote from 
existing towns and municipalities. 

(B) Description and Characteristics. Areas meet- 
ing the intent of this class will experience 
increased development during the planning 
period. They will be in a state of development 
necessitating some municipal typ)e services. 
These areas are of modest densities and often 
suitable for the provision of closed water 



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766 



PROPOSED RULES 



systems rather than individual wells, 
(i) Areas classified Limited Transition will 
provide controlled development with ser- 
vices, but may not be on lands that are 
suitable for traditional high intensity urban 
development normally associated with 
sewers or other services. These may be 
lands with physical limitations or areas 
near valuable estuarine waters or other 
fragile natural systems. Sewers and other 
services may be provided because such 
services are already in the area or readily 
available nearby, because the lands are 
unsuitable for septic tanks or the cumula- 
tive impact of septic tanks may negatively 
impact significant public rooouroos; re- 
sources. Self-contained, large, retire- 
ment/vacation developments in otherwise 
rural areas would meet the intent of this 
class. 
(ii) The Limited Transition class is intended 
for predominately residential development 
with densities of three units per acre or 
less, or where the majority of lots are 
15,000 square feet or greater. In many 
areas, lower densities would be necessary 
and should be discussed. Clustering or 
development associated with Planned Unit 
Developments may be appropriate in the 
Limited Transition Clas s class : 
(iii) Areas which meet the definition of the 
Conservation class should not be classified 
Limited Transition; and 
(iv) Due to its very nature, the Limited Transi- 
tion Land Classification land classification 
may be controversial. As such, if a local 
government chooses to use this class, it 
shall describe the circumstances making 
this classification necessary and shall also 
describe how this class will help the local 
government achieve both its economic 
development and natural resources protec- 
tion policies. This discussion shall include 
statements as to why lands included in this 
classification are appropriate for develop- 
ment which necessitates the provision of 
services. 
(C) Discussion. As sewer and other services 
become more widespread, they are frequently 
extended to areas that are not suitable for high 
density urban development. The use of such 
services generally increases environmental 
protection in these areas if the density of 
development remains relatively low. The 
Limited Transition class is intended to provide 
for appropriate moderate densities of develop- 
ment with the benefits of services. However, 
the reliability of services such as sewage 



treatment systems is critical in these areas. If 
the local government intends to allow the 
private provision of urban services such as 
sewage systems and garbage collection, then 
the local government should require special 
assurances that these private services will 
reliably protect the public resources and avoid 
unnecessary public expenses. Both the Urban 
Transition and Limited Transition classes are 
designed to illustrate emerging and developing 
areas where some appropriate level of services 
are required. 
(4) Community: 

(A) Purpose. The purpose of the oommunit)' 
Community class is to provide for clustered, 
mixed land uses at low densities to help meet 
the housing, shopping, employment and other 
needs in rural ar e ao counties . 

(B) Description and Characteristics. Areas meet- 
ing the intent of the communit>' Community 
class are presently developed at low densities 
which are suitable for private septic tank use. 
These areas are clustered residential and/or or 
commercial land uses which provide both low 
intensity shopping and housing opjxirtunities 
and provide a local social sense of a "commu- 
nity". These communities are generally small 
and some are not incorporated. Very limited 
municipal type services such as fire protection 
and community water may be available, but 
municipal type sewer systems are not to be 
provided as a catalyst for future development. 
In some unusual cases sewer systems may be 
possible, but only to correct an existing or 
projected public health hazard. Areas devel- 
oped in a low density fashion in small, dis- 
persed clusters in a larger rural county land- 
scape with very hmited or no water and sewer 
services meet the intent of this class. 

(C) Discussion. It should be stressed that the 
oommuniry Community class applies to clus- 
tered low intensity development In a rural 
landscape. This development is usually associ- 
ated with crossroads in counties. Some "com- 
munities" may have or may require municipal 
type services to avert an existing or anticipated 
health problem. Even though limited services 
may be available, these areas should not be 
shown in the higher intensity land classes, as 
the major characteristic which distinguishes the 
Community class communit)' — with — limitod 
sorvioos from the developed Developed and 
transition Transition classes is that services are 
not provided to stimulate intense development 
in a rural setting, but rather to neutralize or 
avert health problems. Due to the small size 
of most communities, they will appear as small 
areas in a dispersed pattern on the county land 



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PROPOSED RULES 



) 



classification map. This class illustrates small, 
dispersed groupings of housing and commer- 
cial land uses forming "crossroad" communi- 
ties in a rural landscape. 

(5) Rural: 

(A) Purpose. The rural Rural class is to provide 
for agriculture, forestry, mineral extraction 
and other allied uses traditionally associated 
with an agrarian region. Other land uses, due 
to their noxious or hazardous nature and 
negative impacts on adjacent uses may also be 
appropriate here if sited in a manner that 
minimizes their negative effect on surrounding 
land uses or natural resources. Examples 
include energy generating plants; refining 
plants, airports, landfills, sewage treatment 
facilities; fuel storage tanks and other indus- 
trial tyjje uses. Very low density dispersed 
residential uses on large lots with on site water 
and sewer are consistent with the intent of the 
rural class. Development in this class should 
be as compatible with resource production as 
possible. 

(B) Description and Characteristics. Areas meet- 
ing the intent of this the Rural classification 
are appropriate for or presently used for agri- 
culture, forestry, mineral extraction and other 
uses, that due to their hazardous or noxious 
nature, should be located in a relatively iso- 
lated and undeveloped area. Veiy low density 
dispersed, single family residential uses are 
also appropriate within rural areas where lot 
sizes are large and where densities do not 
require the provision of urban tyjje services. 
Private septic tanks and wells are the primary 
on site services available to support residential 
development, but fire, rescue squad and sheriff 
protection may also be available. Population 
densities will be very low. 

(C) Discussion. The rural Rural class is the 
broadest of the five classes and will generally 
constitute the major land class on county land 
classification maps. Local governments may 
subdivide the rural Rural class into subclasses 
such as rural/agrioultur e , rural/for e otr>' Ru- 
ral/Agriculture. Rural/Forestry etc. in order to 
illustrate where these basic rural activities will 
occur. 

(6) Rural with Services. 

(A) Purpose. The rural o e rvio e o Rural with Ser- 
vices class is to provide for very low density 
land uses including residential use where 
limited water services are provided in order to 
avert an existing or projected health problem. 
Development within this class should be low 
intensity in order to maintain a rural character. 
Rural water systems, such as those funded by 



Farmers Home Administration, are or may be 
available in these areas due to the need to 
avert poor water quality problems. These 
systems, however, should be designed to serve 
a limited number of customers and should not 
serve as a catalyst for future higher intensity 
development. 

(B) Description and Characteristics. Areas meet- 
ing the intent of this class are appropriate for 
very low intensity residential uses, where lot 
sizes are large, and where the provision of 
services will not disrupt the primary rural 
character of the landscape. Private wells and 
septic tank services may exist, but most devel- 
opment is supported by a closed water system. 
Other services such as sheriff protection and 
rural or volunteer fire protection and emer- 
gency rescue etc. may also be available. 

(C) Discussion. This class is intended to be ap- 
plied where the local government has pro- 
vided, or intends to provide very limited water 
services to avert a known or anticipated health 
problem in a predominantly larger agrarian 
region. 

(7) Conservation: 

(A) Purpose. The purpKSse of the oonoen i 'ation 
Conservation class is to provide for the effec- 
tive long-term management and protection of 
significant, limited, or irreplaceable areas. 
Management is needed due to the natural, 
cultural, recreational, scenic or natural produc- 
tive values of both local and more than local 
concern. 

(B) Description and Characteristics. Areas meet- 
ing the intent of this classification include: 

(i) Areas of Environmental Concern (AECs) 
AEC'b , including but not limited to public 
trust waters, estuarine waters, coastal 
wetlands etc.^ as identified in 15A NCAC 
7H; 

(ii) other similar lands, environmentally signif- 
icant because of their natural role in the 
integrity of the coastal region^ ft»d includ- 
ing but are not limited to wetlands identi- 
fied on Division of Coastal Management 
wetland maps, other wetlands, bottom land 
hardwoods, {xwoains, sv i 'amp foroats, areas 
that are or have a high probability of 
providing wildUfe habitat, forest lands that 
are essentially undeveloped and lands 
which otherwise contain significant pro- 
ductive, natural, scenic, cultural or recre- 
ational resources. 

(C) Discussion. The oono e rs'ution Conservation 
class is designed to illustrate the natural, 
productive, scenic, cultural and recreational 
features of the coastal zone which make the 



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region a desirable place in which to live, work 
and visit. As ouoh such, the oon i > e r . 'ation 
Conservation class should be applied to areas 
that because of their unique, productive, 
limited, cultural or natural features should be 
either not developed at all (preserved), or if 
developed, done so in an extremely limited and 
cautious fashion. At a minimum all AEC' s 
AECs as defined in 15A NCAC 7H should be 
included in this class and the land us e plan 
Land Use Plan should so state, state, and tho 
The local government is strongly urged to 
include other similar areas prot e ct e d by e ith e r 
oth e r afforded some level of protection by 
state or federal agencies^ such as "404 
wetlands" . Examplo e include Army Corp s of 
Engin ee rs' "<\0A w e tlands". As AECs should 
be included in the oontMarvation Conservation 
class, the local government should acknowl- 
edge the distinctions among the various uses 
the Coastal Management Program permits 
within each AEC group category . It should be 
understood, however, the local govemment 
may develop its own more restrictive standards 
for AECs as the state's are considered mini- 
mum. At a minimum each plan should include 
language such as: 
(i) coastal wetlands - These areas are the 
most restrictive of all AECs and very few 
uses are permitted therein; the highest 
priority is for their preservation as they 
are well documented in their contribution 
to the natural productivity of the coastal 
area, 
(ii) ocean hazard AECs - These areas include 
V zones and ocean erodible areas and are 
known for their vulnerability to storms. 
Some limited uses are permitted within, 
even though subject to storm risks. Some 
development is permitted in these areas if 
it is well managed and carefully sited to 
muiimize risks to life and property, 
(iii) estuarine shoreline AECs - These areas are 
located adjacent to estuarine waters AECs 
and are known for their contribution to the 
natural productivity of the waters close by. 
Many uses may be f>ermitted as long as 
the 30 jjercent impervious rule is met and 
development is well managed on individual 
sites to ensure minimal degradation, 
(iv) other similar lands that are afforded some 
protection by another agency, such as "404 
wetlands" where use and performance 
standards of that agency will apply, 
(v) other unique lands that may not bo af 
forded protection by another agency, but 
are known for their natural, scenic, histor- 
ical, cultural or hazardous nature. TTiese 



areas might include areas identified by the 
Natural Heritage Program, pocosins, 
savannas, tracts of native forests, undevel- 
oped shorelines etc. When these areas are 
included in the conservation class the local 
govemment should describe the typ>es of 
uses it deems appropriate, if any, within 
each area and under what circumstances 
those uses might be appropriate. 
Urban services, public or private, should not be 
provided in these areas as a catalyst to stimulate 
intense development. In most cases limited on 
site services will adequately supp>ort any limited 
development within this class and will also 
protect the very features which justify the area's 
inclusion in the consor i 'ation — cloosiFication. 
Conservation class. It should be understood that 
even though AEC standards occasionally permit 
urban type development on a lot by lot lot-by-lot 
basis within the various AEC' s AECs and that 
services are occasionally provided, this is the 
exception rather than the rule, and the primary 
intent of the oonsorvation Conservation class is 
to provide protection for the resources included 
therein. Mapping of AEC's AECs in the eea- 
o e P i 'ation Conservation class on the local govern- 
ment's land classification map should be accom- 
plished with the understanding the AEC's AECs 
are intensively defined by their characteristics in 
15A NCAC 7H, and therefore maps only indi- 
cate approximate locations and are not definitive 
enough for site specific regulation purjwses. 
Policy development in the land ua e plan Land 
use Plan should acknowledge the intent of this 
class and policies should h>e consistent with the 
function of areas shown in the conQor . 'ation 
Conservation class. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0214 T«206 INTERGOVERNMENTAL 

COORDINATION AND IMPLEMENTATION 

(a) The discussion of [x i lioioa statements of local policy 
and the land classification map will serve as the basic tools 
for coordinating numerous policies, standards, regulations 
and other governmental activities at the local, state and 
federal levels. Such coordination may be described by three 
applications: 

(1) The polioy discussion local land use policies and 
the land classification map encourage coordina- 
tion and consistency between local land use 
policies and the state and federal governments 
actions . The local land uoo piano are Land Use 
Plan is the principal polioy guid e s for document 
for guiding governmental decisions and activi- 
ties which affect land uses in the coastal area. 

(2) The local land uoo plans provid e Land Use Plan 
provides a framework for budgeting, planning 



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and for the provision and expansion of commu- 
nity facilities such as water and sewer systems, 
schools and roads. 
(3) The local land uso plans will aid Land Use Plan 
aids in better coordination of regulatory policies 
and decisions by describing the local land use 
fxjlicies and designating sp)ecific areas for certain 
types of activities, 
(b) As specified in .O203(o) Rule .0212(c) of this S e otion 
eaeh Section, the local government shall ensure that issues 
and concerns of adjoining planning jurisdictions shall be 
discussed. This is particularly important when one local 
government's development policies are inconsistent with 
those of the adjoining jurisdiotiono jurisdiction . Meaningful 
attempts to resolve such conflicts shall be made between the 
jurisdictions. 

Statutory Authority G.S. 113A-107(a); 113A-124 

.0215 T«207 PUBLIC PARTICIPATION 

(a) Lx)cal governments ar e r e quir e d to shall employ a 
variety of educational efforts and participation techniques to 
assure that all segments of the community have a full and 
adequate opportunity to bo informcxl and to offoctivoly 
participate in planning deoioion making all stages of plan 
development . Educational efforts may include, but are not 
limited to newspaper articles, tolovision and radio shorts 
public service announcements, direct mail, etc.; — and 
participation Participatory techniques eaa may include, but 
are not limited to, neighborhood advioory groupa meetings , 
questionnaires, newsletters and public mootinga presentations 
to civic, business, church and similar groups . To encourage 
pubUc participation at meetings, the public shall be informed 
of each public meeting in o e v e nil multiple ways, rather than 
relying only on tho minimum a legal notice. 

(b) For all land use plans. Land Use Plans, a concise 
oitizon participation plan Citizen Participation Plan shall be 
prepared and adopted by the local government at the 
beginning of the planning process. The Citizen Participation 
Plan shall be included in the Land Use Plan. At a mini- 
mum, the plan shall include the following: 

(1) A designation D e signation of the principal local 
board, agency or department responsible for 
3up)or . 'ision of tho project preparing or updating 
the Land Use Plan . 

(2) An explanation of the various means of soliciting 
public participation such as citizen surveys, 
questionnaires, informational brochures, commu- 
nity outreach, etc. 

(3) (S)A schedule of the various opportunities for 
public information /education — s chodulo and 
participation with specific dates. 

£4} (^An explanation of how the public will be 
notified of its opportunities for input. 

(4) All c i tizen participation plans for land use plan s 

will include a public hearing or mooting oon 
duct e d at th e b e ginning of th e updat e proooos. 



This shall b e in addition to th e public h e aring to 
b e oonduot e d on th e compl e t e d land use plan. 
During tho initial public hearing or mooting, tho 
local govommont will spocifioally discuss tho 
e xisting policy stat e m e nts pr e par e d in aooor 
dano e with Rul e .0203 Policy Statem e nts. — The 
significanco/importanco of tho policy otatomont 
to tho CAMA land use planning process shall bo 
d e scrib e d. — Th e process by which th e local 
government will solicit th e v ie ws of a wid e 
cross section of citizens in tho devolopmont of 
ufKiatod fXjlicy statements will bo explained at 
the public hearing. 

(5) Each citizen participation plan shall e nsur e that 

all oconomic, s ocial, ethnic and cultural view 
points are considered as much as possible in the 
d e v e lopm e nt of e ach land us e plan. 

(6) Th e adopt e d citiz e n participation plan shall b e 

inc l uded a s part of tho local government's land 
use plan to include a listing of meetings, ques 
tionnair e o etc. — and an aos e oom e nt as to the 
e ff e ctiv e n e ss and ad e quacy of the citizen partioi 
potion effort. 

(c) A public hearing or a series of meetings shall be 
conducted at the beginning of the update process. During 
the meeting the local government will discuss the statements 
of local policy found in the current Land Use Plan and the 
effect of those policies on the community. In addition, the 
local government will explain the process by which it will 
solicit the views of a wide cross-section of citizens in the 
development of undated policy statements. 

(d) The Citizen Participation Plan shall ensure that all 
economic, social, ethnic and cultural view points are 
considered as much as jxissible in the development or update 
of the Land Use Plan. Where communities have a signifi- 
cant number of non-resident land owners, special efforts 
should be made by the local government to encourage and 
facilitate participation of non-residents in the planning 
process. 

(e} The Land Use Plan shall include an assessment of the 
effectiveness and adequacy of die citizen participation effort 
and a description of how local elected officials were 
involved in aU aspects of plan development. 

(f) (e^While final policy decisions will be made by local 
elected officials, the citiz e n participation plan Citizen 
Participation Plan is designed to give provide the public the 
opportunity to voice its views on all required policy items. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0216 T«2W PLAN REVIEW AND APPROVAL 

(a) The Coastal Resources Commission will review all 
plans for technical accuracy, internal consistency, and 
consistency with other plans. In the event the Commission 
questions the accuracy of statements, or data contained in a 
plan, the CRC Commission will withhold approval of the 
plan and request that the local government support the 



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PROPOSED RULES 



questionable statement or data in writing . After considering 
the supporting information, the Commission may reject the 
plan upon a finding that the statement or data set forth in the 
plan is not supported by the information supplied by the 
local government. In the event the local government does 
not support the questionable statement or data within 30 
days the Commission will reject the plan. 

(b) In the event the Commission determines that a plan is 
internally inconsistent or is inconsistent with other local 
plans or includes inaccurate data, the Commission wiil 
withhold approval of the plan and may request the local 
govemment(s) govcmmont or govommonto to provide data 
to resolve or support the alleged internal inconsistencies or 
the inconsistencies between plans. After considering the 
supfwrting information, the Commission may reject the plan 
upon finding that the inconsistencies have not been resolved. 
In th e e vont that tho local gov e mmont or gov e rnm e nts do 
not r e solvo th e inoonsistonoieo or oth e rwis e saticf)' th e 
Commission that inoonsistenoios do not exist within 30 days, 
tho Commission will rojoct tho plan or plana. 

(c) State and federal agencies with technical expertise in 
land use planning and related fields, the Coastal Resources 
Advisory Council, regional councils of government, and 
other interested parties will be called upon to participate in 
the land uo e plan Land Use Plan review process. The 
participation in the review process of state and federal 
agencies that have activities in the coastal area is especially 
important so that they can determine if their concerns are 
being adequately addressed. The CRC Commission shall 
consider the recommendations of these parties in determin- 
ing whether to approve or disapprove local land u s o 
plans Land Use Plans . 

(d) Th e land us e plan review proo e ca shall follow th e 
tim e tabl e as sot out in S e ction .0'10Q of this Subchapt e r. In 
addition to the basis for withholding or denying approval of 
Land Use Plans cited above, the Commission shall not 
approve any plan which: 



resolutions. The successive resolutions may address 
geographical sections, county divisions, or functional units 
of subject matter. 

Statutory Authority G.S. 113A-110; 113A-124. 

.0402 PUBLIC HEARING REQUIRED 

(a) TTie land uso plan Land Use Plan may be amended 
only after a properly held public hearing. Notice of the 
pubhc hearing must app e ar shall be posted at least 30 days 
prior to the public hearing and must state the date, time, 
place, proposed action, and that copies of the amendment 
may be viewed at a particular office in the county court- 
house or town hall during designated hours. The notice 
must appear at least once in a newspaper of general circula- 
tion in the count)' planning jurisdiction . The notice may 
also be posted in other public facilities such as county or 
city office buildings, post offices or similar locations. 

(b) WTicn tho land uso plan subject to amondmont is a cit)' 
land use plan, tho amendment shall also bo made available 
during sp e cifi e d hours at a particular offic e in th e town hall 
or e quival e nt facilit>' and th e public h e aring notic e shall so 

(b) ^Copies of the proposed amendment or update shall 
be available at the time notice is provid e d; minor provided. 
Minor changes after hearing are acceptable without addi- 
tional meetings hearings unless the changes are so signifi- 
cant that the original notice would not have provided 
adequate notice to the public of the subject matter and 
potential action. Significant changes to a proposed amend- 
ment will require another public hearing advertised in the 
same manner as the original that advises of the same subject 
matter to be considered. 

(c) fd^Local governments are encouraged to adopt their 
plan amendments expeditiously following the close of the 
public hearing. 



(1) is inconsistent with the current North Carolina Statutory Authority G.S. 113A-110; 113A-124. 



Coastal Management Plan (other than the Land 
Use Plan under consideration), 

(2) is inconsistent with the Rules of the Commis- 
sion, or 

(3) violates state or federal law or policy. 

(e) To assist in plan review, the Chairman of the Com- 
mission will designate one member of the Commission or 
the Coastal Resources Advisory Council who shall person- 
ally review the planning process and the plan and shall 
report his/her observations and recommendations to the 
Commission during the plan approval proceedings. 

Statutory Authority G.S. 113A-110; 113A-124. 

SECTION .0400 - LAND USE PLAN AMENDMENT 
PROCESS 

.0401 LAND USE PLAN AMENDMENT 

The land us e plan Land Use Plan may be amended as a 
whole by a single resolution or in parts by successive 



.0403 NOTICE TO COASTAL RESOURCES 
COMMISSION 

(a) The local government proposing an amendment to its 
Land Use Plan a land uso plan amendment shall provide to 
the executive secretary of the CRC Commission or his 
designee written notice of the public hearing, a copy of the 
proposed amendment, and the reasons for the amendment no 
less than 30 days prior to the public hearing. After the 
public hearing, the executive secretary or his designee shall 
receive a copy of the amendment as adopted. 

(b) The unit of local government am e nding th e land us e 
piftR shall submit the full text of any the proposed amend- 
ment in full page units as it would appear in the land uso 
ptefl Land Use Plan if adopted in the proposed form. Any 
maps (such as the land classification map) that ar e th e 
subject of tho amondmont or that will be affected by the 
amendment shall also be submitted as they would appear if 
the proposed amendment were adopted. If the proposed 
land us e plan amendment includes reclassifying an area from 



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) 



a lower^intensity land class which does not presently require 
urban type services to a higher^intensity class which will 
necessitate urban type services, then the local government 
should describe, as part of the amendment, how, when and 
where these services will be provided in order to support 
such a reclassification. 

(1) Local governments that presently enforce the 
minimum land management tools (zoning and 
subdivision regulations, or planned unit develop- 
ment ordinances ; PUD 'a ) and also supply other 
urban services such as water, sewer, fire and 
poUce protection, solid waste disposal, transpor- 
tation network and schools, shall so state, and as 
part of any plan amendment proposal shall 
assure the CRC Commission that the local 
government has or will provide for adequate 
services to support any development that will 
occur. As part of this assurance, the local 
government shall discuss the circumstances 
making the amendment necessary and shall also 
describe how this amendment will help the local 
government aohiove and implement its stated 
policies as contained in the land use plan Land 
Use Plan . This discussion shall also include an 
examination of the availability of vacant land 
presently in the land classification being sought 
for in the proposed amendment and why the land 
projx)sed for reclassification is more appropriate 
for intense development than that presently 
vacant and currently classed for intense develop- 
ment. 

(2) Local governments that are not presently enforc- 
ing the minimum land management tools (zoning 
and subdivision regulations^ or planned unit 
development ordinances PUD' s) and that do not 
provide public services such as water, sewer, 
fire and police protection, solid waste disposal, 
transportation network and schools, shall so state 
as part of any proposed plan amendment. If the 
local government intends to allow these services 
to be provided privately, then a "de- 
mand-supply" analysis is required as part of any 
plan amendment proposed. This analysis shall 
be thoroughly discussed at the local public 
hearing prior to local action and shall be avail- 
able for public review during the 30 day public 
hearing notice period as part of the notice and 
the notice shall so state. This analysis shall also 
include information as to the whole range of 
uses permitted within the proposed land classifi- 
cation and shall discuss potential impacts associ- 
ated with those uses, including the most dense 
possible development therein. At a minimum, 
the demand-supply analysis shall discuss: water, 
sewer, fire and police protection, solid waste 
disposal, transportation impacts and school 
impacts. Potential impacts on the immediate 



environment shall also be discussed. As part of 
any proposed amendment, the local government 
shall also discuss the circumstances making the 
amendment necessary and shall also describe 
how the amendment will help the local govern- 
ment achieve and implement its stated policies as 
contained in the land use plan. Land Use Plan. 
This discussion shall also include an examination 
of the availability of vacant land presently in the 
land classification being sought, and why the 
profxjsed reclassification is more appropriate for 
intense development than that presently vacant 
and currently classed for intense development, 
(c) The executive secretary of the Commission shall 
receive a copy of the amended text or maps, or certification 
of adoption as proposed within seven days after adoption. 
If the adopted amendment varies from the proposed revi- 
sion, the adopted amendment shall be submitted in the 
manner described in Paragraph (b) of this Rule for proposed 
amendments. 

Statutory Authority G.S. 113A-110; 113A-124. 

.0404 WAIVER OF FORMAL REVIEW BY THE 
CRC 

(a) When the local government gov e mmontal — wiit 
antonding the land u s e plan deems the a proposed amend- 
ment sufficiently insubstantial, it shall request a waiver of 
the formal amendment procedure when giving notice to the 
executive secretary. The executive secretary shall make 
such determination in accordance with specific CRC 
Commission standards and policy, policies, and mail written 
notification to the local government no later than two weeks 
after receipt of notice. 

(b) If the waiver is granted and the amendment is adopted 
as proposed, it shall become final upon local adoption and 
is not subject to oommiooion Commission review as noted in 
Rule .0405 of this Section. The executive secretary shall 
receive certification that the amendment was adopted as 
proposed within seven days after adoption. 

(c) If the waiver is granted and the amendment is not 
adopted as proposed, the adopted amendment shall be 
submitted to the executive secretary, shall be subject to 
commiflflion Commission review as noted in Rule .0405 of 
this Section, and shall become final only after such oommis 
sieR Commission review. 

(d) If the request for waiver is denied by the executive 
secretary, the waiver provisions of these rul e s Rules shall 
not apply. The local amendment finally adopted shall be 
reviewed by the CRC Commission in accordance with the 
regular plan amendment process. 

Statutory Authority G.S. 113A-110; 113A-124. 

.0405 CONSISTENCY AND ADOPTION 

(a) The amended land u s e plan Land Use Plan must 
r e main be consistent with the Commission's Land Use 



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Planning Guidelines (15A NCAC 7B) and insofar as 
possible, with the Land Use Plans of adjacent local govern- 
ments. 15A NCAC 7B. Land Use Planning Guidelines, and 
adjacent cit)' or count)' piano. 

(b) The Coaotal Rooourooo Commission shall review 
locally adopted land Ufio plan localh'-adopted Land Use Plan 
amendments that are not subject to the waiver provisions. 
The local government shall submit in writing its proposed 
plan amendment to the executive secretary or his designee 
at least 21 cal e ndar days prior to the CommioGion meeting 
at which the local government intends for the Commission 
to consider the change. This schedule should provide time 
for an evaluation of the amendment to determine if it is 
sufficient. If adequate time is not available for review of 
the amendment, the local government shall be advised in 
writing by the executive secretary of the date at which the 
Commission anticipates review of the amendment. F^iblic 
comments are invited during the CRC Commission's review 
of the proposed pkst amendment. 

(1) The CRC Commission shall approve, disap- 
prove^^ or conditionally approve any looal the 
proposed land uo e plan Land Use Plan amend- 
ment it is roviewLng following the procedure and 
conditions specified for Land Use Plans in Rule 
.0216 of this Subchapter . 

(2) If the amendment is disapproved or conditionally 
ajDproved, the Commission shall provide reasons 
for such action shall bo explained to the local 
government with suggestions as to how the 
amendment might be changed so approval could 
be granted. 

(3) When the local government complies with the 
imposed condition for a conditionally approved 
plan, then plan approval is automatic with no 
further action needed by the Commission. 

(c) If additional time is needed for review of a plan 
amendment, the local government shall be advised in writing 
according to Paragraph (h) of this Rule. Otherwise failure 
of the CRC Commission to take negative action at its first 
regularly scheduled meeting after notification to the execu- 
tive secretary of the adopted amendment indicates compli- 
ance with these standards and commission approval of the 
amendment. 

(d) Any fisftl amendments to the text or maps of the tefid 
U£X ! plan Land Use Plan shall be incorporated in context in 
th e land us e all a\'ailable copies of the plan and shall be 
dated to indicate the date the amendment became final dates 
of local adoption and Commission approval . The amended 
land us e plan Land Use Plan shall be maintained as required 
by G.S. 113A-110(g). 

Statutory Authority G.S. 113A-I10; 113A-124. 

.0406 STANDARDS FOR WAIVER OF FORMAL 
REVIEW 

The executive secretary's authority to waive formal review 
of proposed land us e plan Land Use Plan amendments is 
limited to the following instances: 



(1) minor changes in policy statements or objectives 
that are the result of public participation, partici- 
pation; 

(2) modification of any classification that does not 
affect transition Transition or oonsorvation olaoc e o. 
Conservation classes; 

(3) new data compilations and associated statistical 
adjustments that do not suggest major substantive 
r e vieions, revisions; 

(4) more detailed identification of existing land uses 
or additional maps of existing or natural condi 
tions, conditions; 

(5) identification of fragile areas to be brought under 
locally initiated prot e ction, protection; 

(6) changes in land classifications to reflect new 
designations or deletions of lAECs, AECs; and 

(7) changes certified by the executive secretary to be 
consistent with specific CRC Commission com- 
ments. 

Statuton' Authoritx G.S. 113A-110: 113A-124. 



SECTION .0500 



LAND USE PLAN UPDATE 
PROCESS 



.0501 UPDATE REQUIRED 

The local land use plan must Land Use Plan shall be 
updated at least every five years or in accordance with a 
schedule established by the Commission . If any loool plana 
af« the plan is not updated by the local planning unit 
government and submitted for reapproval to the Coastal 
Resources Commission within five years of adoption, the 
plans may be voided and an updated plane plan may be 
prepared by the CRC Commission for use in that local ftf«a 
jurisdiction . The plans Plans may be updated more fre- 
quently at the desire of the local government. 

Statutory Authority G.S. 1 13A-107(a); 113A-124. 

.0502 PURPOSE OF UPDATE 

The major purpose of periodic updating of th e local tod 
use plans Land Use Plans is for the local government to 
identify and analyze emerging community issues and 
problems problems, and to reexamine policies aed to decide 
whether th e s e local land use fX3licies have been effective and 
whether they should be continued or changed. The follow- 
ing objectives shall be met by all plarming jurisdictions in 
their plan update: 

(1) to further define and refine local [X)licies and 
issues (as described in .0203 Rule .0212 of this 
Subchapter); 

(2) to further examine and refine the land classifica- 
tion system and the local land classification map 
(as described in .0204 Rule .0213 of this Subchap- 
ter); 

(3) to assess the effectiveness of the existing land use 
pifift Land Use Plan and its implementation; 

(4) to further explore implementation procedures; and 



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(5) to promote a better understandLng of the land use 
planning process. 

Statutory Authority G.S. 113A-107(a); 113A-124 

.0503 DATA COLLECTION AND ANALYSIS 

The land uoo plan Land Use Plan update process shall 
include the collection and analysis of any new land use 
related data that has become available since the preparation 
of the latoot adopted current land uo e plan. Land Use Plan. 
Such data aholl include but not be limited to tho t)'poo of 
data diocuBSod in .0202 of this Subchapter. In addition to 
the typ es of data discussed in Rule .0206 of this Subchapter, 
the update shall include a discussion of the local govern- 
ment's experience in implementing the previous plan. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0504 AMENDMENTS TO MAPS 

The existing land U90 map of existing land uses and the 
land classification map shall be amended to show changes in 
land use since the adoption of the e xioting current land use 
plan. Land Use Plan. Maps which show only the changes 
in land use or land classification may be prepared as 
overlays to the existing adopt e d maps. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0505 FORMAT OF PLAN UPDATE 

(a) The land uco plan Land Use Plan may be prepared in 
a loose-leaf or other easily changeable format to facilitate 
ftiture ujxlatingj thereby by allowing sections which are not 
being updated to be included without reduplicating the entire 
plan. 

(b) An executive summary of the land use plan Land Use 
Plan and any amendments to the plan shall be prepared for 
widespread distribution to all interested parties. 

Statutory Authority G.S. ] ]3A- 107(a); 113A-124. 

.0506 REVIEW AND APPROVAL 

(a) The Commission shall a pprove, disapprove, or 
conditionally a pprove the Land Use Plan Update following 
the procedures and conditions specified for Land Use Plans 
in Rule .0216 of this Subchapter. 

£ki If |h£ update is disapproved or conditionally ap- 
proved, the Commission shall provide reasons for such 
action to the local government with suggestions as to how 
the update might be changed so a pproval could be granted. 
Until the update is approved, the pre-existing certified plan 
shall remain in effect. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

.0507 T«S©6 OFFICIAL COPY OF PLAN 

An official copy of the locally-adopted and state-certified 
adopted land uoo plan Land Use Plan including all amend- 



ments and updates, shall be kept on file by the Coastal 
Reoourooo Commission and the local government adopting 
tho plan . County local governments shall exchange certified 
plans both with contiguous counties and municipalities 
within its borders and each municipality within a county 
shall also exchange its certified plan with the county in 
which it is located. 

Statutory Authority G.S. 113A-107(a); 113A-124. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Coastal Resources Com- 
mission intends to amend rules cited as 15A NCAC 7H 
.0308, .1705; and 7K .0103. 

Proposed Effective Date: December 1, 1995. 

A Public Hearing will be conducted at 4:00 p.m. on 
September 28, 1995 at the Sea Trail Plantation, Sunset 
Beach, North Carolina. 

Reason for Proposed Action: In response to Rules Review 
Commission objection. The Commission requested a 
definition of "threatened structure". 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The Coastal 
Resources Commission will receive mailed written comments 
postmarked no later than September 28, 1995. Any person 
desiring to present lengthy comments is requested to submit 
a written statement for inclusion in the record of proceedings 
for the public hearing. Additional information concerning 
the hearing or the proposals may be obtained by contacting 
Ms. Kris M. Norton, Division of Coastal Management, Post 
Office Box 27687, Raleigh, North Carolina 27611-7687, 
(919) 733-2293. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local funds. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 

.0308 SPECIFIC USE STANDARDS FOR OCEAN 
HAZARD AREAS 

(a) Ocean Shoreline Erosion Control Activities: 
(1) Use Standards Applicable to all Erosion Control 
Activities: 
(A) All oceanfront erosion response activities shall 
be consistent with the general policy statements 
in 15A NCAC 7M .0200. 



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(B) Permanent erosion control structures may 
cause significant adverse impacts on the value 
and enjoyment of adjacent properties or public 
access to and use of the ocean beach, and, 
therefore, are prohibited. Such structures 
include, but are not limited to: bulkheads; 
seawalls; revetments; jetties; groins and break- 
waters. 

(C) Rules concerning the use of oceanfront erosion 
response measures apply to all oceanfront 
properties without regard to the size of the 
structure on the property or the date of its 
construction. 

(D) All permitted oceanfront erosion response 
projects, other than beach bulldozing and 
temporary placement of sandbag structures, 
shall demonstrate sound engineering for their 
planned purpose. 

(E) Shoreline erosion resp)onse projects shall not 
be constructed in beach or estuarine areas that 
sustain substantial habitat for important fish 
and wildlife species unless adequate mitigation 
measures are incorporated into project design, 
as set forth in Rule .0306(1) of this Section. 

(F) Project construction shall be timed to minimize 
adverse effects on biological activity. 

(G) Prior to completing any erosion resp>onse 
project, all exposed remnants of or debris from 
failed erosion control structures must be re- 
moved by the permittee. 

(H) Erosion control structures that would otherwise 
be prohibited by these standards may be per- 
mitted on finding that: 
(i) the erosion control structure is necessary 
to protect a bridge which provides the only 
existing road access to a substantial papu- 
lation on a barrier island; that is vital to 
public safety; and is imminently threatened 
by erosion; 
(ii) the erosion response measures of reloca- 
tion, beach nourishment or temporary 
stabilization are not adequate to protect 
public health and safety; and 
(ill) the proposed erosion control structure will 
have no adverse impacts on adjacent prop- 
erties in private ownership and will have 
minimal impacts on public use of the 
beach. 
(I) Structures that would otherwise be prohibited 
by these standards may also be permitted on 
finding that: 
(i) the structure is necessary to protect an 
historic site of national significance, which 
is imminently threatened by shoreline 
erosion; and 
(ii) the erosion response measures of reloca- 
tion, beach nourishment or temporary 
stabilization are not adequate and practica- 



ble to protect the site; and 
(iii) the structure is limited in extent and scopte 

to that necessary to protect the site; and 
(iv) any permit for a structure under this Part 
(I) may be issued only to a sponsoring 
public agency for projects where the pub- 
lic benefits clearly outweigh the short or 
long range adverse impacts. Additionally, 
the permit must include conditions provid- 
ing for mitigation or minimization by that 
agency of any significant and unavoidable 
adverse impacts on adjoining prop)erties 
and on public access to and use of the 
beach. 
(J) Structures that would otherwise be prohibited 
by these standards may also be permitted on 
finding that: 
(i) the structure is necessary to maintain an 
existing commercial navigation channel of 
regional significance within federally 
authorized limits; and 
(ii) dredging alone is not practicable to main- 
tain safe access to the affected channel; 
and 
(iii) the structure is limited in extent and scopw 
to that necessary to maintain the channel; 
and 
(iv) the structure will not result in substantial 
adverse impacts to fisheries or other public 
trust resources; and 
(v) any permit for a structure under this Part 
(J) may be issued only to a sponsoring 
public agency for projects where the pub- 
lic benefits clearly outweigh the short or 
long range adverse impacts. Additionally, 
the permit must include conditions provid- 
ing for mitigation or minimization by that 
agency of any significant and unavoidable 
adverse impacts on adjoining properties 
and on public access to and use of the 
beach. 
(K) Proposed erosion response measures using 
innovative technology or design will be consid- 
ered as experimental and will be evaluated on 
a case-by-case basis to determine consistency 
with 15A NCAC 7M .0200 and general and 
specific use standards within this Section. 
(2) Temporary Erosion Control Structures: 

(A) Permittable temporary erosion control struc- 
tures shall be limited to sandbags placed above 
mean high water and parallel to the shore. 

(B) Temporary erosion control structures as de- 
fined in Part (2)(A) of this Subparagraph may 
be used only to protect imminently threatened 
structures. Normally -r-ft A structure will be 
considered to be imminently threatened if its 
foundation septic system, or right-of-way in 
the case of roads, is less than 20 feet away 



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PROPOSED RULES 



from the erosion scarp. Structures located 
more than 20 feet from the erosion scarp or in 
areas where there is no obvious erosion scarp 
may also be found to be imminently threatened 
when site conditions, such as a flat beach 
profile or accelerated erosion, tend to increase 
the risk of imminent damage to the structure. 

(C) Temporary erosion control structures may be 
used to protect only the principal structure and 
its associated septic system, but not such 
appurtenances as gazebos, decks or any ame- 
nity that is allowed as an exception to the 
erosion setback requirement. 

(D) Temporary erosion control structures may be 
placed seaward of a septic system when there 
is no alternative to relocate it on the same or 
adjoining lot so that it is landward of or in line 
with the structure being protected. 

(E) Temporary erosion control structures must not 
extend more than 20 feet past the sides of the 
structure to be protected. The landward side 
of such temporary erosion control structures 
shall not be located more than 20 feet seaward 
of the structure to be protected or the 
right-of-way in the case of roads. 

(F) A temporary erosion control structure may 
remain in place for up to two years after the 
date of approval if it is protecting a building 
with a total floor area of 5000 sq. ft. or less, 
or, for up to five years if the building has a 
total floor area of more than 5000 sq. ft. A 
temporary erosion control structure may re- 
main in place for up to five years if it is 
protecting a bridge or a road. The property 
owner will be responsible for removal of the 
temporary structure within 30 days of the end 
of the allowable time period. A temporary 
erosion control structure may remain in place 
for up to five years regardless of the size of 
the structure if the community in which it is 
located is actively pursuing a beach nourish- 
ment project. For purposes of this Rule, a 
community is considered to be actively pursu- 
ing a beach nourishment project if it has: 

(i) been issued a CAMA permit approving 
such project, or 

(ii) been deemed worthy of further consider- 
ation by a U.S. Army Corps of Engineers' 
Beach Nourishment Reconnaissance Study, 
or 

(iii) received a favorable economic evaluation 
repwrt on a federal project approved prior 
to 1986. 

(G) Once the temporary erosion control structure 
is determined to be unnecessary due to reloca- 
tion or removal of the threatened structure, it 
must be removed by the property owner within 



30 days. 

(H) Removal of temporary erosion control struc- 
tures may not be required if they are covered 
by dunes with vegetation sufficient to be 
considered stable and natural. 
(I) The property owner shall be resjKinsible for 
the removal of remnants of all portions of any 
damaged temporary erosion control structure. 
(J) Sandbags used to construct temporary erosion 
control structures shall be tan in color and 
three to five feet wide and seven to 15 feet 
long when measured flat. Base width of the 
structure shall not exceed 20 feet, and the 
height shall not exceed six feet. 

(K) Soldier pilings and other types of devices to 
anchor sandbags shall not be allowed. 

(L) Construction of a temporary erosion control 
structure can be approved only once on any 
property regardless of ownership. 

(M) Existing sandbag structures can be maintained 
provided that the permitted dimensions are not 
exceeded. 

(N) Existing sandbag structures that have been 
properly installed prior to May 1, 1995 shall 
be allowed to remain in place according to the 
provisions of Parts (F), (G) and (H) of this 
Subparagraph with the pertinent time periods 
beginning on May 1, 1995. 

(3) Beach Nourishment. Sand used for beach 
nourishment shall be compatible with existing 
grain size and type. Sand to be used for beach 
nourishment shall be taken only from those areas 
where the resulting environmental impacts will 
be minimal. 

(4) Beach Bulldozing. Beach bulldozing (defmed as 
the process of moving natural beach material 
from any point seaward of the first line of stable 
vegetation to create a protective sand dike or to 
obtain material for any other purpose) is devel- 
opment and may be permitted as an erosion 
response if the following conditions are met: 

(A) The area on which this activity is being per- 
formed must maintain a slope of adequate 
grade so as to not endanger the public or the 
pubUc's use of the beach and shall follow the 
pre-emergency slope as closely as possible. 
The movement of material utilizing a bull- 
dozer, front end loader, backhoe, scraper, or 
any type of earth moving or construction 
equipment shall not exceed one foot in depth 
measured from the pre-activity surface eleva- 
tion; 

(B) The activity must not exceed the lateral bounds 
of the applicant's property unless he has per- 
mission of the adjoining land owner(s); 

(C) Movement of material from seaward of the 
low water line will require a CAMA Major 



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PROPOSED RULES 



Development and State Dredge and Fill Per- 
mit; 

(D) The activity must not significantly increase 
erosion on neighboring properties and must not 
have a significant adverse effect on important 
natural or cultural resources; 

(E) The activity may be undertaken to protect 
threatened on-site waste disf>osal systems as 
well as the threatened structure's foundations. 

(b) Dune Establishment and Stabilization. Activities to 
establish dunes shall be allowed so long as the following 
conditions are met: 

(1) Any new dunes established shall be aligned to 
the greatest extent possible with existing adjacent 
dune ridges and shall be of the same general 
configuration as adjacent natural dunes. 

(2) Existing primary and frontal dunes shall not, 
except for beach nourishment and emergency sit- 
uations, be broadened or extended in an 
oceanward direction. 

(3) Adding to dunes shall be accomplished in such 
a manner that the damage to existing vegetation 
is minimized. TTie filled areas will be immedi- 
ately replanted or temporarily stabilized until 
planting can be successfully completed. 

(4) Sand used to establish or strengthen dunes must 
be of the same general characteristics as the 
sand in the area in which it is to be placed. 

(5) No new dunes shall be created in inlet hazard 
areas. 

(6) Sand held in storage in any dune, other than the 
frontal or primary dune, may be redistributed 
within the AEC provided that it is not placed 
any farther oceanward than the crest of a pri- 
mary dune or landward toe of a frontal dune. 

(7) No disturbance of a dune area will be allowed 
when other techniques of construction can be 
utilized and alterative site locations exist to 
avoid urmecessary dune impacts. 

(c) Structural Accessways: 

(1) Structural accessways shall be permitted across 
primary dunes so long as they are designed and 
constructed in a manner which entails negligible 
alteration on the primary dune. Structural ac- 
cessways may not be considered threatened 
structures for the purpose of Paragraph (a) of 
this Rule. 

(2) An accessway shall be conclusively presumed to 
entail negligible alteration of a primary dune: 

(A) The accessway is exclusively for pedestrian 
use; 

(B) The accessway is less than six feet in width; 
and 

(C) The accessway is raised on posts or pilings of 
five feet or less depth, so that wherever p>ossi- 
ble only the posts or pilings touch the frontal 
dune. Where this is deemed impossible, the 
structure shall touch the dune only to the 



extent absolutely necessary. In no case shall 
an accessway be {)ermitted if it will diminish 
the dune's capacity as a protective barrier 
against flooding and erosion; and 
(D) Any areas of vegetation that are disturbed are 
revegetated as soon as feasible. 

(3) An accessway which does not meet Part (2)(A) 
and (B) of this Paragraph shall be permitted only 
if it meets a public purpKJse or need which 
cannot otherwise be met and it meets Part (2)(C) 
of this Paragraph. Public fishing piers shall not 
be deemed to be prohibited by this Rule, pro- 
vided all other applicable standards are met. 

(4) In order to avoid weakening the protective 
nature of primary and frontal dunes a structural 
accessway (such as a "Hatteras ramp") shall be 
provided for any off-road vehicle (ORV) or 
emergency vehicle access. Such accessways 
shall be no greater than 10 feet in width and 
shall be constructed of wooden sections fastened 
together over the length of the affected dune 
area. 

(d) Construction Standards. New construction and 
substantial improvements (increases of 50 percent or more 
in value on square footage) to existing construction shall 
comply with the following standards: 

(1) In order to avoid unreasonable danger to life and 
property, all development shall be designed and 
placed so as to minimize damage due to fluctua- 
tions m ground elevation and wave action in a 
100 year storm. Any building constructed 
within the ocean hazard area shall comply with 
the North Carolina Building Code including the 
Coastal and Flood Plain Construction Standards, 
Chapter 34, Volume I or Section 39, Volume 
1-B and the local flood damage prevention 
ordinance as required by the National Flood 
Insurance Program. If any provision of the 
building code or a flood damage prevention 
ordinance is inconsistent with any of the follow- 
ing AEC standards, the more restrictive provi- 
sion shall control. 

(2) All structures in the ocean hazard area shall be 
on pilings not less than eight inches in diameter 
if round or eight inches to a side if square. 

(3) All pilings shall have a tip penetration greater 
than eight feet below the lowest ground elevation 
under the structure. For those structures so 
located on the primary dune or nearer to the 
ocean, the pilings must extend to five feet below 
mean sea level. 

(4) All foundations shall be adequately designed to 
be stable during applicable fluctuations in ground 
elevation and wave forces during a 100 year 
storm. Cantilevered decks and walkways shall 
meet this standard or shall be designed to 
break-away without structural damage to the 
main structure. 



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) 



Statutory Authority G.S. 113A-107(a); 113A-107(b); 113A- 
113(b)(6)a.,b.,d., 113A-124. 

SECTION .1700 - GENERAL PERMIT FOR 

EMERGENCY WORK REQUIRING A CAMA 

AND/OR A DREDGE AND FILL PERMIT 

.1705 SPECIFIC CONDITIONS 

(a) Temporary Erosion Control Structures in the Ocean 
Hazard AEC. 

(1) Permittable temporary erosion control structures 
shall be limited to sandbags placed above mean 
high water and parallel to the shore. 

(2) Temporary erosion control structures as defined 
in Subparagraph (1) of this Paragraph may be 
used only to protect imminently threatened 
structures. Normally -r-a A structure will be 
considered to be imminently threatened if its 
foundation, septic system, or, right-of-way in 
the case of roads, is less than 20 feet away from 
the erosion scarp. Structures located more than 
20 feet from the erosion scarp or in areas where 
there is not obvious erosion scarp may also be 
found to be imminently threatened when site 
conditions, such as a flat beach profile or accel- 
erated erosion, tend to increase the risk of 
imminent damage to the structure. 

(3) Temporary erosion control structures may be 
used to protect only the principal structure and 
its associated septic system, but not such appur- 
tenances as gazebos, decks or any amenity that 
is allowed as an exception to the erosion setback 
requirement. 

(4) Temporary erosion control structures may be 
placed seaward of a septic system when there is 
no alternative to relocate it on the same or 
adjoining lot so that it is landward of or in line 
with the structure being protected. 

(5) Temporary erosion control structures must not 
extend more than 20 feet past the sides of the 
structure to be protected. The landward side of 
such temporary erosion control structures shall 
not be located more than 20 feet seaward of the 
structure to be protected or the right-of-way in 
the case of roads. 

(6) The permittee shall be responsible for the re- 
moval of remnants of all or jwrtions of any 
damaged temporary erosion control structure. 

(7) A temjK)rary erosion control structure may 
remain in place for up to two years after the 
date of approval if it is protecting a building 
with a total floor area of 5000 sq. ft. or less, or, 
for up to five years if the building has a total 
floor area of more than 5000 sq. ft. A tempo- 
rary erosion control structure may remain in 
place for up to five years if it is protecting a 
bridge or a road. The property owner shall be 



responsible for removal of the temporary struc- 
ture within 30 days of the end of the allowable 
time period. A temporary erosion control 
structure may remain in place for up to five 
years regardless of the size of the structure if the 
community in which it is located is actively 
pursuing a beach nourishment project. For 
purposes of this Rule, a community is consid- 
ered to be actively pursuing a beach nourishment 
project if it has: 
(i) been issued a CAMA permit approving such 

project, or 
(ii) been deemed worthy of further consideration 

by a U.S. Army Corps of Engineers' Beach 

Nourishment Recoimaissance Study, or 
(iii) received a favorable economic evaluation 

report on a federal project approved prior to 

1986. 

(8) Once the temporary erosion control structure is 
determined to be unnecessary due to relocation 
or removal of the threatened structure, it must 
be removed by the permittee within 30 days. 

(9) Removal of temporary erosion control structures 
shall not be required if they are covered by 
dunes with vegetation sufficient to be considered 
stable and natural. 

(10) Sandbags used to construct temporary erosion 
control structures shall be tan in color and three 
to five feet wide and seven to 1 5 feet long when 
measured flat. Base width of the structure shall 
not exceed 20 feet, and the height shall not 
exceed six feet. 

(11) Soldier pilings and other types of devices to 
anchor sandbags shall not be allowed. 

(12) Excavation below mean high water in the Ocean 
Hazard AEC may be allowed to obtain material 
to fill sandbags used for emergency protection. 

(13) Construction of a temporary erosion control 
structure can be approved only once on any 
property regardless of ownership. 

(14) Existing sandbag structures can be maintained 
provided that the permitted dimensions are not 
exceeded. 

(15) Existing sandbag structures that have been 
properly installed prior to May 1, 1995 shall be 
allowed to remain in place according to the 
provisions of Subparagraphs (7), (8) and (9) of 
this Paragraph with the pertinent time periods 
begitming on May 1, 1995. 

(b) Erosion Control Structures in the Estuarine Shoreline, 
Estuarine Waters, and I^iblic Trust AECs. Work permitted 
by this general permit shall be subject to the following 
limitations: 

(1) no work shall be permitted other than that which 
is necessary to reasonably protect against or 
reduce the imminent danger caused by the 
emergency or to restore the damaged property to 



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778 



PROPOSED RULES 



its condition immediately before the emergency; 

(2) the erosion control structure shall be located no 
more than 20 feet waterward of the endangered 
structure; 

(3) fill material used in conjunction with emergency 
work for storm or erosion control in the Estua- 
rine Shoreline, Estuarine Waters and Public 
Trust AECs shall be obtained from an upland 
source. 

(c) Protection, Rehabilitation, or Temporary Relocation 
of Public Facilities or Transportation Corridors. 

(1) Work permitted by this general permit shall be 
subject to the following limitations: 

(A) no work shall be permitted other than that 
which is necessary to reasonably protect 
against or reduce the imminent danger caused 
by the emergency or to restore the damaged 
property to its condition immediately before 
the emergency; 

(B) the erosion control structure shall be located 
no more than 20 feet waterward of the endan- 
gered structure; 

(C) any fill materials used in conjunction with 
emergency work for storm or erosion control 
shall be obtained from an upland source except 
that dredging for fill material to protect public 
highways or other structures of public interest 
will be considered on a case-by-case basis; 

(D) all fill materials or structures associated with 
temporary relocations which are located within 
Coastal Wetlands, Estuarine Water, or Public 
Trust AECs shall be removed after the emer- 
gency event has ended and the area restored to 
pre-disturbed conditions. 

(2) This p>ermit only authorizes the immediate 
protection or temporary rehabilitation or reloca- 
tion of existing public facilities. Long-term 
stabilization or relocation of public facilities 
shall be consistent with local governments" 
post-disaster recovery plans and policies which 
are part of their Land Use Plans. 

Statutory Authority G.S. I13-229(cl); 1 13A-107(a),(b): 
113A-1 13(b): 113A-118.1. 

SUBCHAPTER 7K - ACTrVITIES IN AREAS OF 

ENVIRONMENTAL CONCERN WTOCH DO NOT 

REQUIRE A COASTAL AREA >L\.NAGEMENT 

ACT PERMIT 



shall contact the local CAMA representative for consultation 
and advice before beginning work. 

Property may be considered to be imminently threatened 
for the purpose of the exclusion for maintenance and repairs 
when it meets the criteria for an imminently threatened 
structure as set out in 15A NCAC 7H .0308(a), which 
provides that a structure will normally be considered to be 
imminently threatened by erosion when the structure's 
foundation (or, in the case of beach bulldozing, the struc- 
ture's on-site waste disposal system) is less than 20 feet 
from the erosion scarp. Structures located more than 20 
feet from the erosion scarp or in areas where there is no 
obvious erosion scarp may also be found to be imminently 
threatened when site conditions, such as a flat beach profile 
or accelerated erosion, tend to increase the risk of imminent 
damage to the structure. 

(b) Beach bulldozing, defined as the process of moving 
natural beach material from any point seaward of the first 
line of stable vegetation, for the purjx)se of preventing 
damage to imminently threatened structures, by the creation 
of protective sand dimes shall qualify for an exclusion under 
G.S. 113A-103(5)(b)(5) subject to the following limitations: 

(1) The area on which this activity is being per- 
formed must maintain a slope of adequate grade 
so as not to endanger the public or the public's 
use of the beach and should follow the natural 
slope as closely as jjossible. The movement of 
material utilizing a bulldozer, front-end loader, 
back hoe, scrajjer or any type of earth moving 
or construction equipment should not exceed one 
foot in depth measured from the preactivity 
surface elevation; 

(2) The activity must not exceed the lateral boimds 
of the applicant's property unless he has permis- 
sion of adjoining landowners; 

(3) Movement of material from seaward of the low 
water line will not be permitted under this 
exemption; 

(4) The activity must not significantly increase 
erosion on neighboring properties and must not 
have a significant adverse effect on imp>ortant 
natural or cultural resources; 

(5) The activity may be undertaken to protect threat- 
ened on-site waste disposal systems as well as 
the threatened structure's foundations. 

(c) Individuals proposing other such activities must 
consult with the local permit officer to determine whether 
the proposed activity qualifies for the exclusion under G.S. 
113A-103(5)Cb)(5). 



SECTION .0100 - ACTIVITIES NOT CONSIDERED 
DEVELOPMENT 

.0103 MAINTENANCE AND REPAIR 

(a) Maintenance and repairs are specifically excluded 
from the definition of development under the conditions and 
in the circumstances set out in G.S. 1 13A-103(5)('b)(5). 
Individuals required to take such measures within an AEC 



Statutory Authority G.S. 113A-103(5)(b)(5); 113A-1 18(a). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Coastal Resources Com- 
mission intends to amend rules cited as ISA NCAC 7H . 0309 
and .0310. 



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10:9 



PROPOSED RULES 



Proposed Effective Date: February 1, 1996. 

A Public Hearing will be conducted at 4:00 p.m. on 
September 28, 1995 at the Sea Trail Plantation, Sunset 
Beach, North Carolina and November 16, 1995 at the 
Ramada Inn, Kill Devil Hills, North Carolina. 

Reason for Proposed Action: Clarification necessary after 
a declaratory ruling by the Coastal Resources Commission 
for a specific development proposal affected by the subject 
rules. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing(s). The Coastal 
Resources Commission will receive comments which are in 
the Division office no later than November 16, 1995. Any 
person desiring to present lengthy comments is requested to 
submit a written statement for inclusion in the record of 
proceedings for the public hearing. Additional information 
concerning the hearing or the proposals may be obtained by 
contacting Ms. Kris M. Norton, Division of Coastal Man- 
agement, Post Office Box 27687, Raleigh, North Carolina 
27611-7687, (919) 733-2293. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local funds. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 

.0309 USE STANDARDS FOR OCEAN HAZARD 
AREAS: EXCEPTIONS 

(a) The following typ)es of development may be permitted 
seaward of the oceanfront setback requirements of Rule 
.0306(a) of the Subchapter if all other provisions of this 
Subchapter and other state and local regulations are met: 

(1) campgrounds that do not involve substantial 
permanent structures; 

(2) parking areas with clay, packed sand or similar 
surfaces; 

(3) outdoor tennis courts; 

(4) elevated decks not exceeding a footprint of 500 
square feet; 

(5) beach accessways consistent with Rule .0308(c) 
of this Subchapter; 

(6) unenclosed, uninhabitable gazebos with a foot- 
print of 200 square feet or less; 

(7) uninhabitable, single-story storage sheds with a 
footprint of 200 square feet or less; 

(8) temfwrary amusement stands; and 

(9) swimming p>ools. 

In all cases, this development shall only be permitted if it is 
landward of the vegetation line; involves no significant 



alteration or removal of primary or frontal dunes or the 
dune vegetation; has overwalks to protect any existing 
dunes; is not essential to the continued existence or use of 
an associated principal development; is not required to 
satisfy minimum requirements of local zoning, subdivision 
or health regulations; and meets all other non-setback 
requirements of this Subchapter. 

(b) Where strict application of the oceanfront setback 
requirements of Rule .0306(a) of this Subchapter would 
preclude placement of jjermanent substantial structures on 
lots existing as of June 1, 1979, single family residential 
structures may be jjermitted seaward of the applicable 
setback line in ocean erodible areas, but not inlet hazard 
areas, if each of the following conditions are met: 

(1) The development is set back from the ocean the 
maximum feasible distance possible on the 
existing lot and the development is designed to 
minimize encroachment into the setback area; 

(2) The development is at least 60 feet landward of 
the vegetation line; 

(3) The development is not located on or in front of 
a frontal dune, but is entirely behind the land- 
ward toe of the frontal dune; 

(4) The development incorporates each of the fol- 
lowing design standards, which are in addition to 
those required by Rule .0308(d) of this Subchap- 
ter. 

(A) All pilings have a tip penetration that extends 
to at least four five feet below mean sea level; 

(B) The footprint of the structure be no more than 
1,000 square feet or 10 percent of the lot size, 
whichever is greater. 

(5) All other provisions of this Subchapter and other 
state and local regulations are met. If the devel- 
opment is to be serviced by an on-site waste 
disposal system, a copy of a valid permit for 
such a system must be submitted as part of the 
CAM A permit application. 

(c) Reconfiguration of lots and projects that have a 
grandfather status under Paragraph (b) of this Rule will be 
allowed provided that the following conditions are met: 

(1) Development is setback from the first line of 
stable natural vegetation a distance no less than 
that required by the applicable exception; 

(2) Reconfiguration will not result in an increase in 
the number of buildable lots within the Ocean 
Hazard AEC or have other adverse environmen- 
tal consequences; and 

(3) Development on lots qualifying for the exception 
in Paragraph (b) of this Rule must meet the 
requirements of Paragraphs (1) through (5) of 
that Paragraph. 

For the purposes of this Rule, an existing lot is a lot or tract 
of land which, as of June 1, 1979, is specifically described 
in a recorded plat and which cannot be enlarged by combin- 
ing the lot or tract of land with a contiguous lot(s) or tract(s) 
of land under the same ownership. The footprint is defined 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



780 



PROPOSED RULES 



as the greatest exterior dimensions of the structure, includ- 
ing covered stairways, when extended to ground level. 

(d) The following types of water dependent development 
shall te permitted seaward of the First line of stable natural 
vegetation if aU other provisions of this Subchapter and 
other state and local regulations are met: 

(1) piers (excluding any pier house, office, or other 
enclosed areas); and 

(2) maintenance and replacement of existing or 
formerly existing bridges. 

Statutory Authority G.S. 113A-107(a); 113A- 107(b); 
113A-113(b)(6)a.; 113A-113(b)(6)b.; 113A-113(b)(6)d.; 
113A-124. 

.0310 USE STANDARDS FOR INLET HAZARD 
AREAS 

(a) Inlet areas as defined by Rule .0304 of this Section 
are subject to inlet migration, rapid and severe changes in 
watercourses, flooding and strong tides. Due to this 
extremely hazardous nature of the inlet hazard areas, all 
development within these areas shall be locat e d permitted in 
accordance with the following standards: 

(1) All development in the inlet hazard area shall be 
set back from the first line of stable natural 
vegetation a distance equal to the setback re- 
quired in the adjacent ocean hazard area; 

(2) Permanent structures shall be p>emiitted at a 
density of no more than one commercial or 
residential unit per 15,000 square feet of land 
area on lots subdivided or created after July 23, 
1981; 

(3) Only residential structures of four units or less 
or non-residential structures of less than 5,000 
square feet total floor area shall be allowed 
within the inlet hazard oroa; area, except that 
access roads to those areas and maintenance and 
replacement of existing or formerly existing 
bridges shall be allowed; 

(4) Established common-law and statutory public 
rights of access to the public trust lands and 
waters in inlet hazard areas shall not be elimi- 
nated or restricted. Development shall not 
encroach upon public accessways nor shall it 
limit the intended use of the accessways; 

(5) All other rules in this Subchapter pertaining to 
development in the ocean hazard areas shall be 
applied to development within the inlet hazard 
areas; 

(h) Tho typoo of dovolopmont e x e mpt e d from th e oo e on 
sotbaok ruloo in Rule .0309(a) of this Section shall also bo 
exempt from those inlot hazard aroa sotbaok roquiromonts. 
The inlet hazard area setback requirements shall not apply 
to the types of development exempted from the ocean 
setback rules in Rule 7H .0309(a). nor, to the types of 
development listed in Rule 7H .03Q9(c). 

Statutory Authoruy G.S. U3A-107; 113A-] 13(b); 113A-124. 



TFTLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 60 - BOARD OF REFRIGERATION 
EXAMINERS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Refrigeration Exam- 
iners intends to amend rule cited as 21 NCAC 60 . 1103 and 
repeal rule 21 NCAC 60 .0105. 

Proposed Effective Date: November 1, 1995. 

A Public Hearing will be conduaed at 10:00 a.m. on 
August 18, 1995 at 410 Oberlin Road, Suite 410, Raleigh, 
NC 27605. 

Reason for Proposed Action: 

21 NCAC 60 .0105 - repealed due to legislative changes. 

21 NCAC 60 .1103 - redefines penalties for disciplinary 

action. 

Comment Procedures: All persons interested in this matter 
are invited to attend the public hearing. The State Board of 
Refrigeration Elxaminers will receive mailed written com- 
ments postmarked no later than August 31, 1995. More 
information may be obtained by contacting the Board Office, 
P.O. Box 10666, Raleigh, NC 27605. 919-755-5022. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of local government or state funds. 

SECTION .0100 - ORGANIZATION AND 

DEFEsrrriONS 

.0105 REFRIGERATION LAW PLUG-IN DEVICES 

Only r e frig e ration appliono e o and e quipm e nt which ar e 
ohippod from the mnnufaotur e r e quipp e d or paokagod with 
Q cord and attachment plug suitable for plugging into 
pormonontly installed roooptacloo shall bo defined oa plug in 
refrig e ration e quipment and exempt from th e provioiono of 
G.S. 8 7, Articl e 5. 

Statutory Authority G.S. 87-54; 87-58. 

SECTION .1100 - DISCIPLINARY ACTION 

.1103 PRELIMINARY DETERMINATION 

(a) A charge, filed under Rule . 1 102 of this Section, shall 
be referred initially to a review committee. 

(b) The review committee shall be made up of the 
following individuals: 

(1) one officer, other than the Chairman, of the 
State Board of Refrigeration Examiners, 

(2) the legal counsel of the Board, 

(3) the Executive Director of the State Board of 
Refrigeration Examiners. 



781 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



PROPOSED RULES 



(c) The review committee shall have the authority to 
determine prior to a full Board hearing whether or not 
charges as may be filed against a refrigeration contractor are 
unfounded, frivolous or trivial. The determination of the 
review committee shall be final in this resjiect. 

(d) Once a charge is referred to the review committee a 
written notice of said charge shall be forwarded to the 
licensee against whom the charge is made. Notice of the 
charge and of the alleged facts and circumstances surround- 
ing the charge shall be given personally or by registered or 
certified mail, return receipt requested. A resf)onse to said 
charges shall be requested of the licensee so charged and 
shall be made within twenty days from the date shown on 
the return mail certificate or date of jjersonal notice. 

(e) If the Ucensee denies the charges brought against him, 
then in the sole discretion of the review committee, addi- 
tional investigative personnel may be retained by the Board 
for the purpose of obtaining evidence relating to such 
charges. The reasonable expenses of any such additional 
personnel shall be borne by the Board. 

(f) After all preliminary evidence has been received by 
the review committee it shall make a preliminary determina- 
tion of the charges filed against the refrigeration contractor. 
From the evidence it may recommend to the Board that: 

(1) the charges be dismissed as unfounded, frivo- 
lous, trivial; or 

(2) when the charge is admitted by the licensee or 
the evidence warrants, the Board be presented 
with the charge for its decision. If the charge is 
of such gravity as to make the imposition of 
punitive sanctions likely, the Board may admin- 
ister one or more of the following penalties if 



the licensee is found to have violated the provisions of 
Article 5 of Chapter 87 of the General Statutes; 

(A) Reprimand; 

(B) Suspension from practice for a period not to 
exceed 12 months; 

(C) Probationary revocation of license uf>on condi- 
tions set by the Board as the case shall warrant 
with revocation upon failure to comply with 
the conditions; er 

(D) Revocation of license; or 

(E) An acceptance of an offer in compromise of 
the charge, as provided by G.S. 87-59(d'): or 

(3) if the charge is denied and evidence warrants, or 
if the charge, while admitted, is of such gravity 
as to make the imposition of punitive sanctions 
likely, the charge be presented to the Board for 
its decision on the merits of the charge in accor- 
dance with G.S. 150B. In connection with any 
such reprimand and subsequent order the Board 
may also provide that in the event the licensee is 
determined to have violated in the future any of 
the provisions of G.S. 87, Article 5, the Board 
may suspend or revoke his license as prescribed 
by law. 
£g) All records, papers, and other documents containing 
information collected and compiled by the Board as a result 
of investigation, inquiries, or interviews conducted in 
connection with a licensing or disciplinary matter shall not 
be considered public records within the meaning of G.S. 
132. 

Statutory Authority G.S. 87-57; 87-59; ch. 132; 150B-38. 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



782 



LIST OF RULES CODIFIED 



T 

J. he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 


l\ey: 




Citation 


= Title, Chapter, Subchapter and Rule(s) 


AD 


= Adopt 


AM 


= Amend 


RP 


= Repeal 


With Chgs 


= Final text differs from proposed text 


Corr 


= Typographical errors or changes that requires no rulemaking 


Eff. Date 


= Date rule becomes effective 


Temp. Expires 


= Rule was filed as a temporary rule and expires on this date or 180 days 



i 



NORTH CAROLINA ADMINISTRATIVE CODE 







JUNE 95 




[TLE 


DEPARTMENT 


TITLE 


DEPARTMENT 


2 


Agriculture 


21 


Occupational Licensing Boards 


4 


Commerce 




1 - Acupuncture 


5 


Correction 




4 - Auctioneer 


10 


Human Resources 




48 - Physical Therapy Examiners 


12 


Justice 




53 - Professional Counselors 


13 


Labor 




54 - Practicing Psychologists 


15A 


Environment, Healtli, and 




58 - Real Estate Commission 




Natural Resources 


23 


Community Colleges 


17 


Revenue 


24 


Independent Agencies 


19A 


Transportation 




5 - Health Plan Purchasing Alliance Board 






25 


Personnel 






27 


State Bar 



{ 



Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


2 NCAC 34 .0904 




/ 








07/10/95 


180 DAYS 


4 NCAC 3C .1001 










/ 






.1702 










/ 






lOA .0502 










/ 






.0610 










/ 






5 NCAC 5 .0001 


/ 






/ 




07/01/95 




10 NCAC IB .0420 










/ 






18J .0803 




• 








07/01/95 




26B .0124 




/ 




/ 




07/01/95 




26G .0406 - .0407 
transferred and recodified from 

261 .0201 - .0202 












07/01/95 





i 



783 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



LIST OF RULES CODIFIED 





Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


10 NCAC 26H .0213 




/ 




/ 




07/01/95 




.0401 




/ 




• 




07/01/95 




261 .0201 - .0202 
transferred and recodified to 

26G .0406 - .0407 












07/01/95 




45H .0202 




V 








07/01/95 




12 NCAC 11 .0123 


/ 










07/01/95 




13 NCAC 7F .0201 




• 




• 




07/01/95 




15A NCAC 2B .0302 




/ 




/ 




07/01/95 




.0304 




/ 




/ 




07/01/95 




.0308 




/ 




/ 




07/01/95 




.0309 




/ 




/ 




08/01/95 




2D .0531 




/ 




/ 




07/01/95 




.0902 




/ 








07/01/95 




.0909 




/ 








07/01/95 




.0952 




/ 








07/01/95 




.1402 




/ 




/ 




07/01/95 




7H .0106 










/ 






.0306 




/ 








06/27/95 


180 DAYS 


.1705 










• 






lOB .0105 - .0106 




• 








07/01/95 




.0114 




• 








07/01/95 




.0202 




/ 




/ 




07/01/95 




.0203 




/ 








07/01/95 




.0214 




/ 








07/01/95 




lOD .0002 - .0003 




/ 








07/01/95 




lOF .0317 




/ 




/ 




07/01/95 




.0354 




/ 








07/01/95 




13A .0009 - .0010 




/ 








07/01/95 




16A .1001 




• 








07/01/95 


180 DAYS 


I8A .1935 




/ 




/ 




07/01/95 




.1956 




/ 




/ 




07/01/95 




20D .0101 




/ 








07/01/95 




21 D .0909 




/ 








07/01/95 







/O.P 



NORTH CAROLINA REGISTER 



August 1, 1995 



784 



LIST OF RULES CODIHED 





Citation 


AD 


AM 


RP 


With 
Chgs 


CoiT 


Eff. 
Date 


Temp. 
Expires 


15A NCAC 24A .0202 




/ 








07/01/95 




.0402 




/ 








07/01/95 




17 NCAC 6B .0605 










/ 






19A NCAC 2B .0221 




/ 








07/01/95 




21 NCAC 1 .0104 


/ 






/ 




07/01/95 




.0301 


/ 






/ 




07/01/95 




4B .0102 




/ 








07/01/95 




.0104 




/ 








07/01/95 




48E .0110 




/ 








07/21/95 


180 DAYS 


53 .0204 




/ 




/ 




07/01/95 




.0205 


• 






/ 




07/01/95 




.0206 - .0207 


/ 










07/01/95 




.0208 


/ 






/ 




07/01/95 




.0209 


/ 










07/01/95 




.0210 - .0211 


/ 






/ 




07/01/95 




.0301 




/ 




/ 




07/01/95 




.0305 - .0307 


/ 










07/01/95 




.0308 - .0309 


/ 






/ 




07/01/95 




.0403 - .0405 


/ 






/ 




07/01/95 




.0601 


/ 










07/01/95 




.0602 - .0604 


/ 






/ 




07/01/95 




54 .2704 - .2706 


/ 






/ 




06/21/95 




58A .0110 




/ 








07/01/95 




.0504 




/ 








07/01/95 




.0505 




/ 




/ 




07/01/95 




.0506 




/ 








07/01/95 




.1703 




/ 








07/01/95 




.1707 




/ 








07/01/95 




.1708 




/ 




/ 




07/01/95 




.1710 - .1711 




/ 








07/01/95 




58E .0103 




/ 




/ 




07/01/95 




.0203 




/ 




/ 




07/01/95 




.0204 




/ 








07/01/95 







785 



NORTH CAROLINA REGISTER 



August I, 1995 



10:9 







LIST OF RULES CODIFIED 










Citation 


AD 


AM 


RP 


With 
Chgs 


CoiT 


Eff. 
Date 


Temp. 
Expires 


21 NCAC 58E 


.0303 




/ 




/ 




07/01/95 




.0304 - .0305 




/ 








07/01/95 




.0406 - .0407 




/ 




/ 




07/01/95 




.0506 




/ 








07/01/95 




.0515 


/ 










07/01/95 




23 NCAC 2B 


.0104 




/ 




/ 




07/01/95 




24 NCAC 5 


.0201 - .0202 


/ 






/ 




07/01/95 




.0204 


/ 










07/01/95 




.0206 


/ 






/ 




07/01/95 




25 NCAC IC 


.0211 






/ 






07/01/95 




IE 


.0203 




/ 








07/01/95 




.0204 




/ 




/ 




07/01/95 




.0207 




/ 




/ 




07/01/95 




.0210 




• 




• 




07/01/95 




.0216 


/ 






/ 




07/01/95 




.0301 




/ 








07/01/95 




.0305 




• 




/ 




07/01/95 




.0311 




/ 




/ 




07/01/95 




.0312 




/ 








07/01/95 




.0314 - .0315 




/ 




/ 




07/01/95 




.0317 


/ 






/ 




07/01/95 




.1302 - .1306 




• 




/ 




07/01/95 




IN 
recodified to 

IN 


.0000 
.0100 












07/01/95 




.0202 - .0203 


/ 










07/01/95 




.0204 


/ 






/ 




07/01/95 




.0205 


/ 










07/01/95 




.0206 


/ 






/ 




07/01/95 




27 NCAC lA 


.0601 




/ 








06/01/95 




ID 


.1801 




/ 








06/01/95 





iO.P 



NORTH CAROLINA REGISTER 



August I, 1995 



786 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 150B-21.9(a). State 
agencies are required to respond to RRC as provided in G.S. I50B-21. 12(a). 



DEPARTMENfT OF COMMUNITY COLLEGES 

Community Colleges 

23 NCAC 2C .0604 - Program Review 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Managonent 

15A NCAC 7H .0306 - General Use Standards for Ocean Hazard Areas 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

Environmental Management 



RRC Objection 
Obj. Removed 



06/14/95 
07/13/95 



Obj. Cont'd 
Obj. Cont'd 



Eff. 



05/18/95 
06/14/95 
06/27/95 



15A NCAC 2B .0201 - Antidegradation Policy (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15 A NCAC 28 .0202 - Definitions RRC Objection 

Agency Revised Rule Obj. Removed 

15 A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 2B .0211 - Fresh Surface Water Quality Stds. for Class C Waters RRC Objection 

Agency Revised Rule (Noticed in 9:23, 1979) Obj. Removed 

15A NCAC 28 .0212 - Fresh Surface Water Quality Stds. for Class WS-l Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0214 - Fresh Surface Water Quality Stds. for Class WS-11 Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0215 - Fresh Surface Water Quality Stds. for Class WS-III Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0216 - Fresh Surface Water Quality Stds. for WS-IV Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0218 - Fresh Surface Water Quality Stds. for Class WS-V Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0219 - Fresh Surface Water Quality Stds. for Class B Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15 A NCAC 28 .0220 - Tidal Salt Water Quality Stds. for Class SC Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0221 - Tidal Salt Water Quality Stds. for Class SA Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0222 - Tuial Salt Water Quality Stds. for Class SB Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0223 - Nutrient Sensitive Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency^ 
15A NCAC 28 .0224 - High Quality Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0225 - Outstanding Resource Waters (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15A NCAC 28 .0226 - Exemptions from Surface Water Quality Standards (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 
15 A NCAC 28 .0227- Water Quality Management Plans (Noticed in 9:24, 2073) 

Rule Withdrawn by Agency 



06/14/95 
07/13/95 
07/13/95 

06/14/95 
07/13/95 
07/13/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 

06/14/95 



787 



NORTH CAROLINA REGISTER 



August I, 1995 



10:9 



RRC OBJECTIONS 



15A NCAC 2B .0228 - Effluent Channels (Noticed in 9:24, 2073) 
Rule Withdrawn by Agency 



06/14/95 



Health: Epidoniology 



15A NCAC 19 A .0202 - Control Measures - HIV 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



06/14/95 
07/13/95 



HUMAN RESOURCES 



Facility Services 








10 NCAC 3C .3001 


- Definitions 


RRC Objection 


07/13/95 


10 NCAC 3C .3108 


- Suspension of Admissions 


RRC Objection 


07/13/95 


10 NCAC 3C .3205 


■ Discharge of Minor or Incompetent 


RRC Objection 


07/13/95 


10 NCAC 3C .3302 


■ Minimum Provisions of Patient's Bill of Rights 


RRC Objection 


07/13/95 


10 NCAC 3C .3502 


■ Bylaws 


RRC Objection 


07/13/95 


10 NCAC 3C .3602 


■ Responsibilities 


RRC Objection 


07/13/95 


10 NCAC 3C .3603 


■ Personnel Policies and Practices 


RRC Objection 


07/13/95 


10 NCAC 3C .3607 


■ Personnel Health Requirements 


RRC Objection 


07/13/95 


10 NCAC 3C .3608 


■ Insurance 


RRC Objection 


07/13/95 


10 NCAC 3C .3704 


- Status 


RRC Objection 


07/13/95 


10 NCAC 3C .3902 


■ Manager 


RRC Objection 


07/13/95 


10 NCAC 3C .3904 


■ Patient Access 


RRC Objection 


07/13/95 


10 NCAC 3C .4003 


■ Policies and Procedures 


RRC Objection 


07/13/95 


10 NCAC 3C .4102 


■ Classification of Optional Emergency Services 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4104 


- Medical Director 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4203 


■ Nursing Staff 


RRC Objection 


07/13/95 


10 NCAC 3C .4303 


■ Nursing Services Maternal Services 


RRC Objection 


07/13/95 


10 NCAC 3C .4307 


- Nursing Staff of Neonatal Services 


RRC Objection 


07/13/95 


10 NCAC 3C .4401 


■ Organization 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4502 


■ Pharmacist 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4512 


■ Medications Dispensed 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4702 


■ Organization 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4703 


■ Sanitation and Safety 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4704 


■ Distribution of Food 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4705 


- Nutritional Support 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4801 


■ Organization 


RRC Objeaion 


07/13/95 


10 NCAC 3C .4905 


■ Tissue Removal and Disposal 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5002 


- Delivery of Care 


RRC Objection 


07/13/95 


10 NCAC 3C .5201 


■ Psychiatric/Substance Abuse Svcs.: Applicability of Rules 


RRC Objection 


07/13/95 


10 NCAC 3C .5202 


Definitions Applicable/Psychiatric/Substance Abuse Svcs. 


RRC Objection 


07/13/95 


10 NCAC 3C .5205 


Seclusion 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5302 


■ Definitions 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5309 


■ Nursing /Health Care Administration and Supervision 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5315 


■ Dental Care 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5318 


■ Activities and Recreation 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5319 


■ Social Services 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5322 


■ Brain Injury Extended Care Physician Services 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5323 


■ Brain Injury Extended Care Program Requirements 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5324 


- Special Nursing Req. Brain Injury Long Term Care 


RRC Objection 


07/13/95 


10 NCAC 3C .5325 


■ Ventilator Dependence 


RRC Objection 


07/13/95 


10 NCAC 3C .5326 


■ Physician Services for Ventilator Dependent Patients 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5403 


■ HIV Designated Unit Policies and Procedures 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5405 


■ Physician Services in a HIV Designated Unit 


RRC Objeaion 


07/13/95 


10 NCAC 3C .5407 


Use of Investigational Drugs on the HIV Designated Unit 


RRC Objection 


07/13/95 


10 NCAC 3C .5501 


■ Definitions 


RRC Objeaion 


07/13/95 


10:9 


NORTH CAROLINA REGISTER 


August 1, 1995 


788 



RRC OBJECTIONS 



10 NCAC 3C .5502 - Physician Reg. for Inpatient Rehab. Facilities or Units RRC Objection 07/13/95 

10 NCAC 3C .5507 - Comprehensive Rehabilitation Personnel Administration RRC Objeaion 07/13/95 

10 NCAC 3C .5508 - Comprehensive Inpatient Rehab. Program Staffing Req. RRC Objection 07/13/95 

10 NCAC 3C .5512 - Additional Req. for Traumatic Brain Injury Patients RRC Objection 07/13/95 

10 NCAC 3C .5513 - Additional Req. for Spinal Cord Injury Patients RRC Objection 07/13/95 

10 NCAC 3C . 6102 - List of Referenced Codes and Standards RRC Objection 07/13/95 

10 NCAC 3C . 6208 - Obstetrical Department Requirements RRC Objeaion 07/13/95 

10 NCAC 3H .2001 - Definitions RRC Objection 07/13/95 

10 NCAC 3H .2201 - Administrator RRC Objection 07/13/95 

10 NCAC 3H .2202 - AdmLssions RRC Objeaion 07/13/95 

10 NCAC 3 H .2203 - Patients Not to be Admitted RRC Objeaion 07/13/95 

10 NCAC 3H . 2206 - Medical Direaor RRC Objeaion 07/13/95 

10 NCAC 3 H .2209 - Infeaion Control RRC Objeaion 07/13/95 

10 NCAC 3H .2212 - Quality Assurance Committee RRC Objeaion 07/13/95 

10 NCAC 3H .2301 - Patient Assessment and Care Planning RRC Objeaion 07/13/95 

10 NCAC 3H .2302 - Nursing Services RRC Objeaion 07/13/95 

10 NCAC 3H .2308 - Domiciliary Home Personnel Requirements RRC Objection 07/13/95 

10 NCAC 3H .2401 - Maintenance of Medical Records RRC Objeaion 07/13/95 

Availability of Physician's Services RRC Objection 07/13/95 

Brain Injury Long-Term Care Physician Services RRC Objeaion 07/13/95 

Physician Services for Ventilator Dependent Patients RRC Objeaion 07/13/95 

Availability of Pharmaceutical Services RRC Objeaion 07/13/95 

2604 - Drug Procurement RRC Objeaion 07/13/95 

2605 - Drug Storage and Disposition RRC Objeaion 07/13/95 

2606 - Pharmaceutical Records RRC Objeaion 07/13/95 

2607 - Emergency Drugs RRC Objeaion 07/13/95 
2701 - Provision of Nutrition and Dietetic Services RRC Objeaion 07/13/95 

10 NCAC 3H .2801 - Aaivity Services RRC Objeaion 07/13/95 

10 NCAC 3H .2802 - Social Services RRC Objeaion 07/13/95 

Quality of Specialized Rehabilitation Services RRC Objection 07/13/95 

Ventilator Dependence RRC Objeaion 07/13/95 

Brain Injury Long-Term Care RRC Objeaion 07/13/95 

Special Nursing Req. for Brain Injury Long-Term Care RRC Objeaion 07/13/95 

HIV Designated Unit Policies and Procedures RRC Objeaion 07/13/95 

10 NCAC 3H .3012 - Physician Services in an HIV Designated Unit RRC Objeaion 07/13/95 

10 NCAC 3H .3013 - Special Nursing Requirements for an HIV Designated Unit RRC Objeaion 07/13/95 

Use of Investigational Drugs for HIV Designated Units RRC Objection 07/13/95 

Additional Social Work Req. for HIV Designated Units RRC Objeaion 07/13/95 

Physician Req. for Inpatient Rehab. Facilities or Units RRC Objeaion 07/13/95 

Comprehensive Inpatient Rehab. Program Staffing Req. RRC Objection 07/13/95 

Additional Req. for Spinal Cord Injury Patients RRC Objeaion 07/13/95 

Site RRC Objeaion 07/13/95 

10 NCAC 3H .3201 - Required Spaces RRC Objeaion 07/13/95 

10 NCAC 3H .3401 - Heating and Air Conditioning RRC Objeaion 07/13/95 

10 NCAC 3H .3404 - Other RRC Objeaion 07/13/95 

10 NCAC 30 .0305 - Persons Subjea to Licensure RRC Objeaion 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

10 NCAC 30 .0506 - Simplified Reporting for Certain Organizations RRC Objeaion 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

10 NCAC 30 .0607 - License Year RRC Objeaion 05/18/95 

Agency Revised Rule Obj. Removed 05/18/95 

10 NCAC 3U .0705 - Special Training Requirements RRC Objection 07/13/95 

Agency Revised Rule Obj. Removed 07/13/95 

10 NCAC 3U . 1403 - Aquatic Aaivities RRC Objeaion 07/13/95 

Agency Re\'ised Rule Obj. Removed 07/13/95 

10 NCAC 3U .1717 - Health, Safety and Sanitation Requirements RRC Objeaion 07/13/95 

Agency Revised Rule Obj. Removed 07/13/95 



10 NCAC 3H .2501 
10 NCAC 3H .2505 
10 NCAC 3H .2506 
10 NCAC 3H .2601 
10 NCAC 3H 
10 NCAC 3H 
10 NCAC 3H 
10 NCAC 3H 
10 NCAC 3H 



10 NCAC 3H .3002 
10 NCAC 3H .3003 
10 NCAC 3H .3004 
10 NCAC 3H .3005 
10 NCAC 3H .3011 



10 NCAC 3H .3015 
10 NCAC 3H .3016 
10 NCAC 3H . 3021- 
10 NCAC 3H .3027 
10 NCAC 3H .3031 
10 NCAC 3H .3103 



789 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



RRC OBJECTIONS 



RRC has Objected to the Following Repeals in 10 NCAC 3C and 10 NCAC 3H: 

10 NCAC3C .0101 - .0102, .0104 - .0110, .0201 - .0203, .0301 - .0307, .0401 - .0407, .0501 - .0505, .0601 - .0604, 

.0701 - .0708, .0801 - .0805, .0807, .0901 - .0917, .1001 - .1006, .1101 - .1102, .1201 - .1204, .1301 - .1303, .1401 - 

.1405, .1501 - .7505, .1510, .1601 - .1606, .1701 - .1717, .1801 - .1805, .1901 - .1912, .1915 - .1932. .2001 - .2008, 

.2020- .2033. .2101 - .2105. 

10 NCAC 3H .0108 - .0709, .0206 - .0220, .0306 - .0318, .0407 - .0409, .0505 - .0507, .0510 - .0517. .0605 - .0609. 

.0705 -.0712, .0810- .0812, .0903 - .0911, .1003 - .1008, .1105 - .1109, .1130 - .1136. .1150- .1163. .1204- .1208. 

.1210, .1306 - .1308, .1405 - .1406, .1408 - .1410. .1501 - .1503, .1612 - .1613, .1703 - .1704, .1804 - .1807. 

Medical Assistance 



10 NCAC 26H .0302 - Reporting Requirements 

Agency Revised Rule 
10 NCAC 26H .0304 - Rate Setting Methods for Non-state Facilities 

Agency Revised Rule 
10 NCAC 26H .0305 - Allowable Costs 

Agency Revised Rule 
10 NCAC 26H .0308 - Rate Appeals 

Agency Revised Rule 



RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 



INDEPENDENT AGENCIES 



State Health Plan Purchasing Alliance Board 



24 NCAC 5 .0202 - Establishment of Alliance Market Areas 

Agency Revised Rule 
24 NCAC 5 .0401 - Purpose 

Rule Withdrawn by Agency 
24 NCAC 5 .0402 - Definitions 

Rule Withdrawn by Agency 
24 NCAC 5 .0403 - Application for Membership 

Rule Withdrawn by Agency 
24 NCAC 5 .0404 - Participation Requirements 

Rule Withdrawn by Agency 
24 NCAC 5 .0405 - Annual Renewal 

Rule Withdrawn by Agency 
24 NCAC 5 .0406 - Employer Qualification and Employee Enrollment Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0407 - Waiting Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0408 - Open Enrollment Period 

Rule Withdrawn by Agency 
24 NCAC 5 .0409 - Enrollment Additions Outside Open Enrollment 

Rule Withdrawn by Agency 
24 NCAC 5 .0410 - Disenrollment of Member Small Employer 

Rule Withdrawn by Agency 
24 NCAC 5 .0411 - Disenrollment ofEnroUees 

Rule Withdrawn by Agency 
24 NCAC 5 .0412 - Continuation of Benefits 

Rule Withdrawn by Agency 
24 NCAC 5 .0413 - Payment to Insurance Agents and Brokers 

Rule Withdrawn by Agency 
24 NCAC 5 .0414 - Alliance Participation Fee 

Rule Withdrawn by Agency 

Agency Resubmitted Rule 

Agency Revised Rule 



10:9 



NORTH CAROLINA REGISTER 



RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 




06/14/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


August 1, 1995 


790 



RRC OBJECTIONS 



24 NCAC 5 .0415 - Notification of Rate Changes 

Rule Withdrawn by Agency 
24 NCAC 5 .0416 - Employer Monthly Payment Procedures and Requirements 

Rule Withdrawn by Agency 
24 NCAC 5 .0417 - 0\'erdue Payments; Late Fees; Termination 

Rule Withdrawn by Agency 
24 NCAC 5 .0418 - Reinstatement Following Termination for Non-Payment 

Rule Withdrawn by Agency 
24 NCAC 5 .0419 - Monthly Payments to AHCS 

Rule Withdrawn by Agency 

JUSTICE 

Criminal Justice Education and Training Standards 

12 NCAC 9B .0202 - Responsibilities of the School Director 

Agency Re\ised Rule 
12 NCAC 9B .0206 - Basic Training - Correctional Officers 

Agency Rex'ised Rule 
12 NCAC 9D .0104 - Intermediate Law Enforcement Certificate 

Agency Re\'ised Rule 

12 NCAC 9D .0105 - Advanced Law Enforcement Certificate 

Agency Revised Rule 

LABOR 
OSHA 

13 NCAC 7F .0201 - Construction 

Agency Re\'ised Rule 

LICENSING BOARDS AND COMAnSSIONS 

Acupuncture Licensing Board 

21 NCAC 1 .0301 - Standards for Continuing Education 
Agency Revised Rule 

Board of Certified Public Accountant Examiners 

21 NCAC 8M .0102 - Registration Requirements 
21 NCAC 8M .0104 - Firms Deemed in Compliance 

Agency Revised Rule 
21 NCAC 8N . 0307 - Firm Names 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objeaion 
Obj. Removed 
RRC Objeaion 
Obj. Removed 
RRC Objeaion 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objeaion 
Obj. Removed 



RRC Objeaion 
RRC Objeaion 
Obj. Removed 
RRC Objeaion 
Obj. Removed 



06/14/95 
06/14/95 
06/14/95 

06/14/95 
06/14/95 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 



06/14/95 
06/14/95 



06/14/95 
06/14/95 



07/13/95 
07/13/95 
07/13/95 
07/13/95 
07/13/95 



Board of Nursing Home Administrators 

21 NCAC 37 .0502 - Application to Become Administrator-In-Training 

Agency Rex'ised Rule 
21 NCAC 37 .0914 - Duplicate Licenses 

Rule Withdrawn by Agency 

Board of Licensed Professional Counselors 



RRC Objeaion 
Obj. Removed 



07/13/95 
07/13/95 

07/13/95 



21 NCAC 53 .0208 - Super\'ised Professional Praaice 
Agency Revised Rule 



RRC Objeaion 
Obj. Removed 



06/14/95 
06/14/95 



791 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



RRC OBJECTIONS 



21 NCAC 53 .0309 - Agreement to Abide by NCBLPC Ethical Standards 
Agency Revised Rule 

Board of Practicing Psychologists 

21 NCAC 54 .2704- HSP-P Requirements On and After June 30, 1994 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
21 NCAC 54 .2705 - HSP-PP Requirements 

Rule Returned to Agency 

Agency Filed Ride for Codification Over RRC Objection 
21 NCAC 54 .2706- HSP-P A Requirements On and After June 30, 1994 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 

Real Estate Commission 

21 NCAC 58E .0203 - Application and Criteria for Original Approval 
Agency Revised Rule 

STATE PERSONNEL 

Office of State Personnel 

25 NCAC IC .0405 - Temporary Appointment 

Agency Revised Rule 
25 NCAC IC .0407 - Temporary Part-Time Appointment 

Agency Revised Rule 
25 NCAC ID .2001 - Coverage 

Agency Repealed Rule 
25 NCAC IE .0305 - Use of Sick Leave 

Agency Revised Rule 
25 NCAC IE .1302 - Policy 

Agency Revised Rule 
25 NCAC IE .1304 - Qualifying to Participate in Voluntary Shared Leave Program 

Agency Revised Rule 
25 NCAC IK .0312 - Eligibility 

Agency Revised Rule 
25 NCAC IN .0201 - Purpose (Noticed in 9:23, 2018) 

Rule Withdrawn by Agency 

TRANSPORTATION 



RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


05/18/95 


Obj. Cont'd 


06/14/95 


Eff 


06/21/95 


RRC Objeaion 


05/18/95 


Obj. Cont'd 


06/14/95 


Eff 


06/21/95 


RRC Objection 


05/18/95 


Obj. Cont'd 


06/14/95 


Eff 


06/21/95 



RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 



RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


06/14/95 


Obj. Removed 


06/14/95 


RRC Objection 


07/13/95 


Obj. Removed 


07/13/95 



06/14/95 



Division of Highways 

19 A NCAC 2B .0221 - General Motorist Services Signs 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



06/14/95 
06/14/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



792 



CONTESTED CASE DECISIONS 



Ihis Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



i 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADNDNISTRATION 



DividoH of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 94 DOA 0803 Nesnow 

CMC Maintenance Co., a Div. of RDS Corp. v. Dept. of Administration, 95 DOA 0194 Phipps 
Div. of Purchase & Contract, et al. 



03/06/95 
06/13/95 



Stale Construction Office 

W. M. Piatt & Company V. State Construction Office, DOA 94 EKDA 0738 Nesnow 04/11/95 10:03 NCR 221 

Holland Group, Inc. v. Dept. of Administration, St. Construction Office 94 DOA 1565 Nesnow 06/01/95 10:07 NCR 619 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Ali Alsaras v. Alcoholic Beverage Control Commission 
Norman D. Forbes v. Alcoholic Beverage Control Commission 
Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 
Robert Johnson v. Alcoholic Beverage Control Commission 
Stinking Mercury, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Depot Stop N Go, Inc. 
John H. Robinson v. Alcoholic Beverage Control Commission 
Clara and Carson Young v. Alcoholic Beverage Control Commission 
Bryan Lynn Whitaker, Susan Ansley Wtitaker v. ABC Commission 
Diamond Club, Inc. v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Weisner, Inc. 
Robert Louis Reese v. Alcoholic Beverage Control Commission 
Ray E. Bailey v. Alcoholic Beverage Control Commission 
Legwin Z. Williams v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Janice Mae Miles 
Imran Ali Hameerah v. Alcoholic Beverage Control Commission 
and 
City of Raleigh 



94 ABC 0526 


Chess 


94 ABC 0787 


Gray 


94 ABC 1168 


Beaton 


94 ABC 1661 


West 


94 ABC 1682 


Chess 


94 ABC 1694 


Mann 


94 ABC 1727 


Morrison 


94 ABC 1729 


Chess 


94 ABC 1784 


Mann 


94 ABC 1803 


Mann 


95 ABC 0068 


West 


95 ABC 0074 


Chess 


95 ABC 0210 


Gray 


95 ABC 0224 


Nesnow 


95 ABC 0434 


West 


95 ABC 0477 


Phipps 



05/16/95 
03/17/95 
03/07/95 
05/01/95 
05/03/95 
03/29/95 
05/18/95 
05/11/95 
04/19/95 
04/07/95 
06/07/95 
05/25/95 
05/01/95 
05/31/95 
07/20/95 
07/14/95 



i 



10:06 NCR 417 



CRIME co^^^ROL and public safety 



Crime Victims Compensation Commission 

John Pavlildanidis v. Victims Compensation Commission 

Fay, Cynthia. S. Dalton v. Crime Victims Compensation Commission 

Phyllis H. Stcinmetz v. Crime Victims Compensation Commission 

Hubert Johnson, Edna J. Carter v. Crime Victims Compensation Comm. 

Wayne L. Utley v. Crime Victims Compensation Commission 

Sandra H. Hughes v. Victims Compensation Commission 

Kristine S. Ray v. Crime Victims Compensation Commission 

Shiriey Moody Myers v. Crime Victims Compensation Commission 

TTiomasine Inman v. Crime Victims Compensation Commission 

Irmgard Gordog v. Crime Victims Compensation Commission 

Fay, Cynthia. S. Dalton v. Crime Victims Compensation Commission 

Ellen Shcrwin v. Crime Vic Comp James Byrum Emp/ Baptist Hosp 

Howard B. Peterson v. Crime Victims Compensation Commission 

Ella Ruth Jordan v. Gary B. Eichelberger Dir., Crime Vic. Comp. Comm. 

Lynn H. Henderson v. CPS. Victims Compensation Commission 

Larusha Bey v. Crime Victims Compensation Commission 

Perciblc Gaston v. Crime Victims Compensation Commission 



94 CPS 0237 


Morrison 


94 CPS 0445*" 


West 


94 CPS 0542 


West 


94 CPS 1177 


Maim 


94 CPS 1180 


Becton 


94 CPS 1600 


Morrison 


94 CPS 1673 


Chess 


94 CPS 1674 


Chess 


94 CPS 1731 


Nesnow 


94 CPS 1782 


Gray 


95 CPS 0010*" 


West 


95 CPS 0012 


West 


95 CPS 0163 


Reilly 


95 CPS 0181 


West 


95 CPS 0212 


Morrison 


95 CPS 0245 


Reilly 


95 CPS 0270 


Gray 



03/21/95 
05/30/95 
05/16/95 
06/12/95 
03/07/95 
06/09/95 
04/20/95 
04/20/95 
03/09/95 
03/09/95 
05/30/95 
03/22/95 
07/06/95 
06/21/95 
05/08/95 
06/02/95 
06/13/95 



10:02 NCR 176 



I 



793 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Juan Aguilar v. Crime Victims Compensation Commission 
John Kuwalik v. Crime Victims Compensation Commission 
Sandra Jones v. Crime Victims Compensation Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Concrete Supply Company v. Environment, Health, &. Natural Resources 
Selzer Bros. Inc. v. Environment, Health, and Natural Resources 
Environment, Healtii, & Natural Resources v. Royal James Cafe 
John W. VanHoy, Jr. & Adjacent Land Owners v. EHNR 
and 
Shugart Enterprises, Inc. 
Browning-Ferris Ind. of S. Atlantic, Inc. and Sampson Cty. Disposal, Inc. 
v. Dept. of Environment, Health, and Natural Resources, 

and 
Hoke County and Bladen County 

Coastal Resources 

William C. Young v. Coastal Resources Commission 
and 
Robert L. Casper, Jr. and Mary M. Casper 
Howard C. Slack v. Coastal Resources Comm, EHNR 

Davidson County Health DepartmemI 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 

Environmental Health 

FFF.-777 Lay Drain Compnay, Inc. v. On-Site Wastewater Section, 
Division of Environmental Health 

Environmental Managem£nt 

United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 

and 
Duke Power Company 
Empire Power Co. and George Clark v. EHNR, Div. of Env. Mgmt. 

and 
Duke Power Company 
United Screen Printers, Inc. v. EHNR, Div. of Environmental Mgmt. 
Kenan Oil Company, Inc. v. EHNR, Div. of Environmental Mgmt. 
MofTitt and Pierce Construction, Inc. v. EHNR, Environmental Mgmt. 

Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 

Macon County Health Department 

Four Residents on Genva Circle v. Macon County Health Department 

Marine Fisheries 

Chancy Junior Sawyer v. EHNR, Division of Marine Fisheries 

Maternal and Child Health 

Jimmy Franklin v. EHNR Maternal & Child HIth, Nutrition Services 
Middleburg Variety v. EHNR, Maternal & Child Health, Nutrition Svcs. 
Taisser Shehadeh v. EHNR, Maternal & Child Health, Nutrition Svcs. 
Philip Haskins v. EHNR, Div. of Maternal & Child Health 



95 CPS 0356 
95 CPS 0381 
95 CPS 0427 



Reilly 
Becton 
Nesnow 



95 EHR 0009 



95 EHR 0140 



Chess 



Phipps 



94 EHR 1037 Chess 



94 EHR 0745 



Chess 



94 EHR 0924 



94 EHR 1202 



94 EHR 1786 



Gray 



Nesnow 



Chess 



06/22/95 
07/10/95 
06/02/95 



94 EHR 0950 


Gray 


05/23/95 


10:06 NCR 414 


94 EHR 1676 


Nesnow 


03/09/95 




94 EHR 1756 


Becton 


06/30/95 


10:08 NCR 696 


95 EHR 0016 


Phipps 


03/17/95 




95 EHR 0506 


West 


06/13/95 





06/13/95 



03/22/95 



03/13/95 



04/24/95 



91 EHR 1179*' 


West 


05/30/95 


92 EHR 0021'' 


Gray 


04/03/95 


92 EHR 0053*' 


Gray 


04/03/95 


93 EHR 0273 *' 


West 


05/30/95 


94 EHR 0894 


Nesnow 


05/08/95 


94 EHR 1755 


West 


06/06/95 



03/09/95 



03/27/95 



05/22/95 



94 EHR 0288 


Gray 


05/22/95 


94 EHR 1601 


Chess 


05/01/95 


94 EHR 1711 


Chess 


05/02/95 


94 EHR 1777 


Chess 


03/09/95 



10:02 NCR 185 



^ Consolidated cases. 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



794 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Morrison 



Gray 



Chess 



New Hanover CoiuUy Health DeparOrunI 

Gus Kalogiros v. New Hanover Co. (HeaJth Dcpt.), Adm & Env. Svcg 94 EHR 1073 

Pia Comity PuiUc Health Center 

Mar>' Joyner Dudley v. Pitt County Public Health Center & EHNR 94 EHR 1043 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 90 EEC 0379 

HU7HAN RESOURCES 

Helen J. Walls, D/B/A Walls Young World v. Dept. of Human Resources 94 DHR 1362 
Cecilia Y. Wall, William S. Wall v. Department of Human Resources 94 DHR 1627 
Veronica Spearman, John P. Spearman v. Dept. of Human Resources 95 DHR 0216 

Sandra Jean Taylor v. Department of Human Resources 95 DHR 0366 

Division of ChiU Development 

lola Malloy v. DHR, Division of Child Development 94 DHR 0849 

Willie &. Pamela Sturgess v. DHR, Division of Child Development 94 DHR 1631 

Esther Elder v. DHR, Division of Child Development 94 DHR 1771 

Theresa B. Thomas v. DHR, Division of Child Development 95 DHR 0268 

Chapel Hill Day Care Center, Nancy Taylor v. DHR, Div. of Child Dev. 95 DHR 0450 

Facility Services 

William H. Cooke v. DHR, Division of Facility Services 94 DHR 0565 

Mildred Reece, Calvin Reece v. DHR, Division of Facility Svcs, 94 DHR 1783 

Domiciliary & Group Care Section 

Bingo Licensure Section 

The Regular Veterans Association of the United States and the Sixteen 95 DHR 0040 
Posts of the Regular Veterans Association of the United Stales and the 
Regular Veterans Association Auxiliary Located in the State of North 
Carolina v. DHR, Division of Facility Services, Bingo Licensure Section 

Certificate of Seed Section 



The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0197*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Seivices, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/h/a Pine Manor Health Care 
The Carrolton of Fayetteville, Inc. and Highland House of Fayetteville, 94 DHR 0198*^ Reilly 

Inc. and Richard Allen, Sr. v. DHR, Division of Facility Services, 

Certificate of Need Section 
and 

Pine Manor Rest Home, Inc., d/h/a Pine Manor Health Care 
Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 

Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 

Division of Facility Services, Certificate of Need Section 
and 

Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 

Wallace, Inc. 



Mann 

Reilly 

Reilly 

Morrison 

Phipps 



Gray 
Gray 



Morrison 



94 DHR 0403 Chess 



Office of Emergency Medical Services 

Charles M. Erwin v. DHR, Facility Svcs, Off. of Emgcy. Medical Svcs. 92 DHR 1697 Chess 

Division of Medical Assistance 

A.S., by and through her agent and personal representative. Hank Ncal 93 DHR 1736 Reilly 
v. DHR, Division of Medical Assistance 



04/28/95 



06/27/95 



04/03/95 



Becton 


03/20/95 


Morrison 


07/06/95 


Reilly 


06/02/95 


Reilly 


07/19/95 



03/03/95 
07/10/95 
03/17/95 
07/14/95 
06/02/95 



03/16/95 
03/16/95 



04/13/95 



04/05/95 



04/05/95 



12/14/94 



05/16/95 



05/22/95 



i 



i 



10:06 NCR 409 



i 



795 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



DA., by and through his agent and pereonal representative. Hank Neal 
V. DHR, Division of Medical Assistance 

Dividom of Social Services 

Child Support Enforcement Section 

Daniel J. Carter v. Department of Human Resources 
Shawn Dominic Caldwell v. Department of Human Resources 
William Zonta Thompson v. Department of Human Resources 
Jackie E. Hackney v. Department of Human Resources 
Lenzo Davis v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Dennis E. Barkley v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
Larry James Walker Jr. v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
John D. Bird v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Leon McNair v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Wolfgang R. Walker v. Department of Human Resources 
Wyatt Roseboro v. Department of Human Resources 
Lloyd Lane Speake v. Department of Human Resources 
Raymond E. Dresser v. Department of Human Resources 
Terry L. Yoder v. Department of Human Resources 
Ronald E. Lewis v. Department of Human Resources 
Richard L. Hiott v. Department of Human Resources 
Cecil Ray Hioshaw v. Department of Human Resources 
Terry C. Brown v. Department of Human Resources 
Paul R. Johnson v. Department of Human Resources 
Henry C. Banks v. Department of Human Resources 
Lucille B. IXitter v. Department of Human Resources 
Charles Bascom Kiker v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Tony M. Tart v. Department of Human Resources 
Wade E. Hampton v. Department of Human Resources 
Gary Jay Stocks v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
John L. Osborne (Jr.) v. Department of Human Resources 
Richard L. Garver v. Department of Human Resources 
Cary G. Dannelly v. Department of Human Resources 
Robert G. Baker v. Department of Human Resources 
Tyrone Waddell v. Department of Human Resources 
Bernard T. Wade v. Department of Human Resources 
Willie Scott v. Department of Human Resources 
Rochester Levi Jones v. Department of Human Resources 
Timothy Brian Eller v. Department of Human Resources 
Morgan Pale, Jr. v. Department of Human Resources 
Robert E. Dudley, Sr. v. Department of Human Resources 
Julian Lattimore v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Anthony D. McCain v. Department of Human Resources 
John C. Kay v. Department of Human Resources 
Raymond B. Clonlz Jr. v. Department of Human Resources 
James C. Rogers v. Department of Human Resources 
Ruby Fewell Henry v. Department of Human Resources 
Michael Leon McCain v. Department of Human Resources 
George C. Flowers v. Department of Human Resources 
Kendrick William Sims v. Department of Human Resources 
Carl E. Coffey v. Department of Human Resources 
Roderick J. Smith v. Department of Human Resources 
Richard Dill v. Department of Human Resources 
James E. Freeman v. Department of Human Resources 
Jonathan D. Cauthen v. Department of Human Resources 
Ronnie J. Goins v. Department of Human Resources 
Ted C. Jenkins v. Department of Human Resources 



93 DHR 1737 Reilly 



05/22/95 



91 CSE 1103 


Morrison 


03/03/95 


92 CSE 1449 


Reilly 


03/29/95 


92 CSE 1559 


Reilly 


03/29/95 


93 CSE 1088 


Chess 


03/20/95 


93 CSE 1 1 1 1 


Becton 


07/12/95 


93 CSE 1123*^ 


Reilly 


05/16/95 


93 CSE 1169 


Chess 


03/08/95 


93 CSE 1187 


Reilly 


06/30/95 


93 CSE 1208 


Chess 


03/08/95 


93 CSE 1255 


Morrison 


06/12/95 


93 CSE 1268 


Chess 


03/08/95 


93 CSE 1272 


Gray 


06/26/95 


93 CSE 1295 


Chess 


03/08/95 


93 CSE 1317 


Becton 


04/04/95 


93 CSE 1319 


Chess 


03/08/95 


93 CSE 1374 


Gray 


04/28/95 


93 CSE 1423 


Becton 


04/25/95 


93 CSE 1451 


Chess 


03/22/95 


93 CSE 1459 


Reilly 


06/23/95 


93 CSE 1498 


Nesnow 


06/02/95 


93 CSE 1508 


Mann 


05/18/95 


93 CSE 1509 


Mann 


04/21/95 


93 CSE 1513 


Gray 


05/08/95 


93 CSE 1516 


Morrison 


05/08/95 


93 CSE 1546 


Gray 


06/27/95 


93 CSE 1556 


Chess 


03/22/95 


93 CSE 1558 


Chess 


03/13/95 


93 CSE 1561 


Mann 


04/21/95 


93 CSE 1566*' 


Gray 


05/31/95 


93 CSE 1588 


Becton 


06/08/95 


93 CSE 1593 


Chess 


04/20/95 


93 CSE 1652 


Chess 


03/21/95 


93 CSE 1713 


Mann 


03/13/95 


94 CSE 0140 


Mann 


05/30/95 


94 CSE 0512 


Becton 


06/12/95 


94 CSE 1033 


Nesnow 


03/24/95 


94 CSE 1094 


Chess 


03/06/95 


94 CSE 1096 


Mann 


05/30/95 


94 CSE 1101 


Becton 


04/03/95 


94 CSE 1109 


Chess 


06/28/95 


94 CSE 1116 


Chess 


05/15/95 


94 CSE 1119 


Reilly 


03/29/95 


94 CSE 1 127 


Mann 


03/20/95 


94 CSE 1128 


Mann 


03/31/95 


94 CSE 1131 


Reilly 


03/13/95 


94 CSE 1132 


West 


03/14/95 


94 CSE 1141 


Nesnow 


05/16/95 


94 CSE 1143 


Chess 


04/13/95 


94 CSE 1149 


Nesnow 


03/03/95 


94 CSE 1153 


Gray 


04/04/95 


94 CSE 1157 


Nesnow 


03/16/95 


94 CSE 1158 


Becton 


05/16/95 


94 CSE 1184 


Mann 


05/02/95 


94 CSE 1186 


Chess 


05/01/95 


94 CSE 1191 


West 


05/25/95 


94 CSE 1193 


Becton 


06/26/95 


94 CSE 1195 


Mann 


03/29/95 


94 CSE 1199 


West 


07/18/95 


94 CSE 1213 


Chess 


06/01/95 


94 CSE 1214 


Chess 


06/01/95 


94 CSE 1218 


Gray 


03/15/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



796 



CONTESTED CASE DECISIONS 



AGENCY 



Anthony J. Gibbons v. Department of Human Resources 

Grant Jules Marks v. Department of Human Resources 

Aaron C. Harris v. Department of Human Resources 

Donald L. Co§icIlo Sr. v. Department of Human Resources 

Kelvin L. Lankford v. Department of Human Resources 

Jeffrey Thomas Chambers v. Department of Human Resources 

Robert J. Holden v. Department of Human Resources 

Janet M. Johnson v. Department of Human Resources 

Michael L. Wright v. Department of Human Resources 

Terry S. Gurganus v. Department of Human Resources 

John Napoleon Wiodow Cross Pullium v. Dcpt of Human Resources 

Charles F. Haag Jr. v. Department of Human Resources 

Michael J. Montroy v. Department of Human Resources 

Linton Durante v. Department of Human Resources 

Timothy Rex Waddell v. Department of Human Resources 

Clarence Benjamin Banks Jr. v. Department of Human Resources 

Warren M. Williams v. Department of Human Resources 

Dennis L. Moore v. Department of Human Resources 

Dennis W. Cashion v. Department of Human Resources 

John Carroll Rodgers v. Department of Human Resources 

James Edward Knox, Jr. v. Department of Human Resources 

Kimberly M. Rinaldi, Robert L. Rinaldi v. Dept. of Human Resources 

David House v. Department of Human Resources 

Aqustin S. Sanchez v. Department of Human Resources 

Fred Carter Jr. v. Department of Human Resources 

Ricky Ralliff v. Department of Human Resources 

Willie McNeil Jr. v. Department of Human Resources 

Ray Douglas Brickhouse v. Department of Human Resources 

Tyron G. Moore v. Department of Human Resources 

Paul A. Card v. Department of Human Resources 

James P. Barton. Ill v. Department of Human Resources 

Darrin Yancey v. Department of Human Resources 

Douglas L. Lucas v. Department of Human Resources 

Gregory D. Simpson v. Department of Human Resources 

Michael Lynn Avery v. Department of Human Resources 

Eivis M. Graham v. Department of Human Resources 

Shawn Fonville v. Department of Human Resources 

James Lee, Jr. v. Department of Human Resources 

Noah L. Houston. Sr. v. Department of Human Resources 

Wilma Lee Burton v. Department of Human Resources 

Shannon Vanderaa v. Department of Human Resources 

Anthony Murray v. Department of Human Resources 

Tommy L. Burchfield v. Department of Human Resources 

Gregory A. Rodrigues v. Department of Human Resources 

Larry R. Bales v. Department of Human Resources 

Karl Philip Jursen v. Department of Human Resources 

David Harrington v. Department of Human Resources 

Sterling Womack v. Department of Human Resources 

Hubert Bowe v. Department of Human Resources 

Edward Fitch v. Department of Human Resources 

Otis Lewis Jr. v. Department of Human Resources 

Robert F. Catoe Jr. v. Department of Human Resources 

William Anthony Winchester v. Department of Human Resources 

Aaron L. Clark v. Department of Human Resources 

Vincent R. Valles Sr. v. Department of Human Resources 

Gary W. Gibson v. Department of Human Resources 

Mark A. West v. Department of Human Resources 

John E. Bolas Jr. v. Department of Human Resources 

Gary C. Wiggins v. Department of Human Resources 

Rhonnie J. Williams v. Department of Human Resources 

Darmy Ray Henslcy v. Department of Human Resources 

RawTi Weigel v. Department of Human Resources 

David C. Glerm v. Department of Human Resources 

Marc F. Carboni v. Department of Human Resources 

Ivy M. Harvell v. Department of Human Resources 

Terry L. McMillon v. Department of Human Resources 

Garry G. Hickman v. Department of Human Resources 

Willie Herring v. Department of Human Resources 



CASE 




DATE OF 


>aiMBER 


ALJ 


DECISION 


94 CSE 1219 


Gr^y 


03/15/95 


94 CSE 1222 


Morrison 


06/13/95 


94 CSE 1225 


Reilly 


04/10/95 


94 CSE 1228 


West 


03/17/95 


94 CSE 1229 


West 


03/17/95 


94 CSE 1231 


Nesnow 


03/03/95 


94 CSE 1232 


Ncsnow 


03/15/95 


94 CSE 1236 


Mann 


06/02/95 


94 CSE 1237 


Gray 


03/15/95 


94 CSE 1239 


Gray 


03/02/95 


94 CSE 1241 


Gray 


03/15/95 


94 CSE 1242 


Gray 


05/31/95 


94 CSE 1244 


Morrison 


03/13/95 


94 CSE 1245 


Morrison 


06/26/95 


94 CSE 1246 


Morrison 


06/26/95 


94 CSE 1247 


Morrison 


05/17/95 


94 CSE 1248 


Morrison 


07/11/95 


94 CSE 1249 


Morrison 


03/02/95 


94 CSE 1250 


Morrison 


07/10/95 


94 CSE 1251 


Reilly 


05/18/95 


94 CSE 1254 


Reilly 


03/13/95 


94 CSE 1255 


Reilly 


05/18/95 


94 CSE 1256 


Reilly 


03/15/95 


94 CSE 1259 


West 


03/06/95 


94 CSE 1260 


West 


05/22/95 


94 CSE 1261 


West 


03/17/95 


94 CSE 1262 


West 


03/17/95 


94 CSE 1263 


West 


03/17/95 


94 CSE 1264 


West 


03/17/95 


94 CSE 1266 


Nesnow 


03/13/95 


94 CSE 1257 


Nesnow 


06/02/95 


94 CSE 1269 


Nesnow 


03/15/95 


94 CSE 1270 


Ncsnow 


03/15/95 


94 CSE 1272 


Becton 


03/15/95 


94 CSE 1274 


Becton 


03/15/95 


94 CSE 1275 


Be.;ton 


03/15/95 


94 CSE 1277 


Bev-ton 


03/06/95 


94 CSE 1280 


Chess 


04/10/95 


94 CSE 1284 


Chess 


04/26/95 


94 CSE 1285 


Chess 


07/12/95 


94 CSE 1286 


Mann 


03/21/95 


94 CSE 1287 


Mann 


03/21/95 


94 CSE 1289 


Mann 


03/21/95 


94 CSE 1300 


Mann 


03/21/95 


94 CSE 1302 


Gray 


03/02/95 


94 CSE 1303 


Gray 


03/15/95 


94 CSE 1304 


Morrison 


05/22/95 


94 CSE 1305 


Morrison 


05/18/95 


94 CSE 1308 


Mann 


05/18/95 


94 CSE 1313 


Mann 


05/02/95 


94 CSE 1314 


Mann 


03/21/95 


94 CSE 1329 


Morrison 


03/15/95 


94 CSE 1331 


Reilly 


03/15/95 


94 CSE 1332 


Reilly 


03/15/95 


94 CSE 1333 


West 


03/17/95 


94 CSE 1334 


West 


03/06/95 


94 CSE 1335 


West 


03/17/95 


94 CSE 1336 


Nesnow 


03/15/95 


94 CSE 1338 


Nesnow 


03/15/95 


94 CSE 1339 


Becton 


03/15/95 


94 CSE 1340 


Becton 


03/15/95 


94 CSE 1342 


Chess 


05/22/95 


94 CSE 1343 


Chess 


04/20/95 


94 CSE 1344 


Chess 


06/01/95 


94 CSE 1345 


Mann 


03/21/95 


94 CSE 1346 


Mann 


03/21/95 


94 CSE 1348 


Gray 


03/15/95 


94 CSE 1350 


Morrison 


03/02/95 



PUBLISHED DECISION 
REGISTER CITATION 



i 



i 



i 



797 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



AGENCY 



Joe C. Dean v. D^artment of Human Resources 

rimmie E. Bamee v. Department of Human Resources 

Cecilia Carmosino v. Department of Human Resources 

Marvin F. Walker v. Department of Human Resources 

Richard J. Almeida v. Department of Human Resources 

Michael R. French v. Department of Human Resources 

William R. Casey v. Department of Human Resources 

John A. Jackson v. Department of Human Resources 

Michael R. Roberts v. Department of Human Resources 

Kevin R. Nienke v. Department of Human Resources 

Cleothis B. Smith v. Department of Human Resources 

Leroy Johnson Jr. v. Department of Human Resources 

James Patterson v. Department of Human Resources 

Thomas Colon v. Department of Human Resources 

Walter Swimiak Jr. v. Department of Human Resources 

Michael R. Strong v. Department of Human Resources 

Marion Rodriguez v. Department of Human Resources 

Van Edward Arrington v. Department of Human Resources 

Jerry L. White Sr. v. Department of Human Resources 

Dennis James Grimes v. Department of Human Resources 

Scott John Tozzi v. Department of Human Resources 

Roger A. Eaton v. Department of Human Resources 

Willie J. Flowers Jr. v. Department of Human Resources 

Jeffrey James Spence v. Department of Human Resources 

Byron C. Alston v. Department of Human Resources 

Oliver Lee Wolfe Sr. v. Department of Human Resources 

James Tracy Strickland v. Department of Human Resources 

Michael K. Reese v. Department of Human Resources 

Albert D. Johnson v. Department of Human Resources 

Johnny A. Stroud v. Department of Human Resources 

Richard G. Medford, Jr. v. Department of Human Resources 

Theresa Strader v. Department of Human Resources 

James F. Williams v. Department of Human Resources 

John Bell Shelton v. Department of Human Resources 

Kennedy C. Uzomba v. Department of Human Resources 

Marion A. Ward v. Department of Human Resources 

Robert H. Owens v. Department of Human Resources 

Samuel A. Lewis v. Department of Human Resources 

Robert Lee Wall v. Department of Human Resources 

James M. Breaden Jr. v. Department of Human Resources 

Peter G. Coley v. Department of Human Resources 

Benjamin Nuriddin v. Department of Human Resources 

Robert L. Carter v. Department of Human Resources 

Danny Columbus Baker v. Department of Human Resources 

Duke William Duprc' v. Department of Human Resources 

Audrey Jennings v. Department of Human Resources 

Robert S. Moore v. Department of Human Resources 

Michael A. Camp v. Department of Human Resources 

Martin J. Miller v. Department of Human Resources 

Michael P. Cleary v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

Michael D. Guyther v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Henry L. Gibbs v. Department of Human Resources 

Roger Gene Fehlhaber v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Claude E. Alston v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

John H. Underwood v. Department of Human Resources 

James T. I>udley Jr. v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Robert L. Freeland, Jr. v. Department of Human Resources 

Antonio Darden (TV-D #1237637) v. Department of Human Resources 

Antonio Darden (TV-D #1280116) v. Department of Human Resources 

Antonio Darden (TV-D #1233347) v. Department of Human Resources 

Michael Shannon v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALi 


DECISION 


94 CSE 1351 


Morrison 


03/15/95 


94 CSE 1352 


Rcilly 


03/03/95 


94 CSE 1354 


West 


03/17/95 


94 CSE 1355 


West 


03/17/95 


94 CSE 1357 


Nesnow 


03/15/95 


94 CSE 1359 


Becton 


03/15/95 


94 CSE 1369 


Mann 


05/02/95 


94 CSE 1370 


Mann 


03/07/95 


94 CSE 1371 


Mann 


03/21/95 


94 CSE 1372 


Gray 


07/18/95 


94 CSE 1373 


Gray 


03/15/95 


94 CSE 1377 


Mann 


03/31/95 


94 CSE 1378 


Morrison 


03/15/95 


94 CSE 1379 


Reilly 


03/15/95 


94 CSE 1382 


West 


03/17/95 


94 CSE 1383 


West 


07/18/95 


94 CSE 1385 


Nesnow 


03/03/95 


94 CSE 1386 


West 


07/18/95 


94 CSE 1387 


Nesnow 


03/15/95 


94 CSE 1388 


Becton 


03/15/95 


94 CSE 1389 


Becton 


03/15/95 


94 CSE 1392 


Gray 


03/09/95 


94 CSE 1393 


Morrison 


03/15/95 


94 CSE 1394 


Reilly 


03/15/95 


94 CSE 1396 


Nesnow 


03/03/95 


94 CSE 1397 


Mann 


03/31/95 


94 CSE 1398 


Mann 


03/31/95 


94 CSE 1412 


Gray 


03/31/95 


94 CSE 1413 


Gray 


06/26/95 


94 CSE 1414 


Gray 


06/27/95 


94 CSE 1415 


Morrison 


03/02/95 


94 CSE 1416 


Morrison 


03/21/95 


94 CSE 1417 


Morrison 


03/21/95 


94 CSE 1419 


Morrison 


06/26/95 


94 CSE 1420 


Reilly 


04/03/95 


94 CSE 1421 


Reilly 


03/03/95 


94 CSE 1423 


Reilly 


06/02/95 


94 CSE 1424 


Reilly 


04/03/95 


94 CSE 1425 


West 


03/31/95 


94 CSE 1426 


West 


03/31/95 


94 CSE 1427 


West 


03/31/95 


94 CSE 1429 


West 


03/31/95 


94 CSE 1430 


Nesnow 


03/24/95 


94 CSE 1431 


Nesnow 


03/24/95 


94 CSE 1432 


Nesnow 


03/24/95 


94 CSE 1433 


Nesnow 


03/24/95 


94 CSE 1434 


Nesnow 


07/11/95 


94 CSE 1435 


Becton 


03/06/95 


94 CSE 1436 


Becton 


03/06/95 


94 CSE 1438 


Becton 


07/05/95 


94 CSE 1439 


Chess 


03/03/95 


94 CSE 1441 


Chess 


07/18/95 


94 CSE 1444 


Mann 


03/07/95 


94 CSE 1445 


Gray 


03/02/95 


94 CSE 1446 


Morrison 


03/21/95 


94 CSE 1447 


Reilly 


04/03/95 


94 CSE 1450 


Gray 


06/09/95 


94 CSE 1452 


West 


03/07/95 


94 CSE 1454 


Nesnow 


04/17/95 


94 CSE 1455 


Nesnow 


03/07/95 


94 CSE 1456 


Nesnow 


04/17/95 


94 CSE 1457 


Nesnow 


04/28/95 


94 CSE 1459 


Becton 


03/06/95 


94 CSE 1460 


Becton 


04/07/95 


94 CSE 1461 


Becton 


04/07/95 


94 CSE 1462 


Becton 


04/07/95 


94 CSE 1463 


Becton 


04/07/95 


94 CSE 1466 


Chess 


06/09/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



798 



CONTESTED CASE DECISIONS 



AGENCY 



Cyrus R. Luallen v. Dcpartmenl of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Dcpartmenl of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Dcpartmenl of Human Resources 

Lee R. Jones v. Dcpartmenl of Human Resources 

Randy Norris Willis v. Dcpartmenl of Human Resources 

Michael E. Bellamy v. Dcpartmenl of Human Resources 

Eddie James Johnson v. Dcpartmenl of Human Resources 

Coley C. MalthewB v. Department of Human Resources 

Willie J. Gadson v. Dcpartmenl of Human Resources 

Joseph K. Galewood v. Department of Human Resources 

Donald Lcc Barcliff v. Department of Human Resources 

James W. Nunnery v. Department of Human Resources 

Terrance Freeman v. Department of Human Resources 

William Leroy Watkins v. Department of Human Resources 

Bailey While v. Department of Human Resources 

Shannon Woodall v. Dcpartmenl of Human Resources 

Pclcr Ian OHveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Wesley Kelvin Cook v. Department of Human Resources 

Everell Lee Hunt v. Department of Human Resources 

Kenneth W. Cahoon v. Department of Human Resources 

Ricky S. Blake v. Dcpartmenl of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Carlos L. Robinson v. Department of Human Resources 

Eddie O. Toro v. Department of Human Resources 

Timothy Mark Johnson v. Department of Human Resources 

Alan W. Karsner v. Department of Human Resources 

Walter J. Sturdivant v. Department of Human Resources 

Volna Ramone Gales v. Department of Human Resources 

Bruce Kelly Jacobs v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Ronald O. Biggs v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Marvin B. Harris v. Dcpartmenl of Human Resources 

Jay C. Edwards, HI v. Department of Human Resources 

William Hyman v. Dcpartmenl of Human Resources 

Mahalon E. White v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Aflhlon Berry GalHn v. Department of Human Resources 

Louis Cragg lU v. Department of Human Resources 

Dennis Micheal Sanders v. Department of Human Resources 

Anthony Bonini v. Department of Human Resources 

John D. Twine Sr. v. Department of Human Resources 

David A. Gaskins v. Department of Human Resources 

Kevin Ervin Kelley v. Department of Human Resources 

Ellen Downing v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Owen B. Fisher Jr. v. Department of Human Resources 

Robin Delmar Goods v. Department of Human Resources 

Julio Alvarado Jr. v. Department of Human Resources 

Thomas A. Morgan v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Johnme V. Johnson v. Department of Human Resources 

Ward F. Miller v. Department of Human Resources 

Joel P. Roth v. Department of Human Resources 

Atward T. Warren v. Department of Human Resources 

Monte Harwell v. Department of Human Resources 

Albert Noah Duntap v. Department of Human Resources 

James E. Davis v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Spencer P. Johnson v. Department of Human Resources 

James A. Bryant v. Department of Human Resources 

Conrade Dunklin v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


AU 


DECISION 


94 CSE 1470 


Mann 


03/31/95 


94 CSE 1471 


Mann 


03/07/95 


94 CSE 1472 


Mann 


03/07/95 


94 CSE 1473 


Gray 


03/02/95 


94 CSE 1474 


Gray 


03/09/95 


94 CSE 1475 


Gray 


05/19/95 


94 CSE 1476 


Morrison 


03/21/95 


94 CSE 1477 


Morrison 


03/02/95 


94 CSE 1478 


Morrison 


03/02/95 


94 CSE 1479 


Morrison 


03/21/95 


94 CSE 1480 


Reilly 


04/10/95 


94 CSE 1481 


Reilly 


06/26/95 


94 CSE 1482 


Reilly 


04/10/95 


94 CSE 1484 


Neanow 


04/17/95 


94 CSE 1485 


Nesnow 


07/11/95 


94 CSE 1486 


Nesnow 


04/17/95 


94 CSE 1487 


Nesnow 


05/23/95 


94 CSE 1488 


Becton 


07/18/95 


94 CSE 1489 


Becton 


03/07/95 


94 CSE 1491 


Becton 


03/07/95 


94 CSE 1492 


Becton 


04/07/95 


94 CSE 1493 


Chess 


06/01/95 


94 CSE 1494 


Chess 


07/12/95 


94 CSE 1495 


Chess 


06/22/95 


94 CSE 1496 


Chess 


06/28/95 


94 CSE 1499 


Mann 


03/31/95 


94 CSE 1500 


Mann 


03/31/95 


94 CSE 1502 


Mann 


05/02/95 


94 CSE 1503 


Mann 


05/02/95 


94 CSE 1504 


Gray 


06/26/95 


94 CSE 1505 


Gray 


04/07/95 


94 CSE 1508 


Gray 


03/31/95 


94 CSE 1511 


Gray 


03/02/95 


94 CSE 1512 


Gray 


04/07/95 


94 CSE 1513 


Gray 


04/28/95 


94 CSE 1533 


Morrison 


03/02/95 


94 CSE 1534 


Morrison 


04/06/95 


94 CSE 1535 


Morrison 


06/26/95 


94 CSE 1537 


Morrison 


04/06/95 


94 CSE 1538 


Reilly 


03/03/95 


94 CSE 1539 


Reilly 


03/07/95 


94 CSE 1541 


Reilly 


03/07/95 


94 CSE 1542 


Reilly 


04/10/95 


94 CSE 1543 


West 


03/06/95 


94 CSE 1544 


West 


06/23/95 


94 CSE 1545 


West 


07/18/95 


94 CSE 1547 


West 


07/18/95 


94 CSE 1548 


West 


05/22/95 


94 CSE 1549 


Nesnow 


06/02/95 


94 CSE 1553 


Nesnow 


03/30/95 


94 CSE 1554 


Becton 


03/07/95 


94 CSE 1555 


Becton 


03/07/95 


94 CSE 1562 


Becton 


04/07/95 


94 CSE 1563 


Becton 


04/07/95 


94 CSE 1564 


Becton 


05/22/95 


94 CSE 1567 


Chess 


06/02/95 


94 CSE 1569 


Chess 


03/07/95 


94 CSE 1570 


Chess 


06/28/95 


94 CSE 1571 


Chess 


04/19/95 


94 CSE 1572 


West 


03/14/95 


94 CSE 1573 


West 


03/31/95 


94 CSE 1576 


West 


07/18/95 


94 CSE 1577 


Reilly 


04/10/95 


94 CSE 1578 


Reilly 


04/10/95 


94 CSE 1579 


Reilly 


03/03/95 


94 CSE 1580 


Reilly 


04/10/95 


94 CSE 1582 


Morrison 


04/06/95 


94 CSE 1583 


Morrison 


04/06/95 



PUBLISHED DECISION 
REGISTER CITATION 



799 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



AGENCY 



Kenneth J. Balfour v. Department of Human Resourcee 
Willie A. Harris v. Department of Human Resourcee 
Walter T. Townsend Jr. v. Department of Human Resourcee 
Dennis W. Nolan v. Department of Human Resources 
Roderick Odell Adams v. Department of Human Resources 
Jonathan L. Payne 11 v. Department of Human Resources 
Charles Scott Wilhoit v. Department of Human Resources 
Mickey Bridgett v. Department of Human Resources 
John Kimmons v. Department of Human Resources 
Randolph J. Nunn v. Department of Human Resources 
David Lester Gordon v. Department of Human Resources 
Larry James Walker, Jr. v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Gary Jones v. Department of Human Resources 
Anthony Harrison v. Department of Human Resources 
Eddie L. Oliver III v. Department of Human Resources 
Michael D. Tyree v. Department of Human Resources 
Edward Fisher v. Department of Human Resources 
Leroy Jones v. Department of Human Resources 
Bernard Cooper v. Department of Human Resources 
William Gray v. Department of Human Resources 
Edward Lockhart v. Department of Human Resources 
Jimmy R. Jackson v. Department of Human Resources 
Mark A. Jones v. Department of Human Resources 
Ondino Damota Freitas v. Department of Human Resources 
Tony Monzell Perry v. Department of Human Resources 
Frank M. Swett v. Department of Human Resources 
James B. Stokes Jr. v. Department of Human Resources 
Andrew P. Jergens v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Eric L. McDonald v. Department of Human Resources 
Herbert T. Robertson v. Department of Human Resources 
Kenny R. Bradshaw v. Department of Human Resources 
Eddie Harris Jr. v. Department of Human Resources 
Ronnie P. Stephens v. Department of Human Resources 
Anthony B. Gardner v. Department of Human Resources 
Lewis M. Scarborough v. Department of Human Resources 
Robert Larry Martin v. Department of Human Resources 
Dwane M. Williams v. Department of Human Resources 
Joseph O. Evans v. Department of Human Resources 
Donald E. Kirby v. Department of Human Resources 
Paul R. Ross v. Department of Human Resources 
Bobby Dain Massey v. Department of Human Resources 
Mandel Curry Edwards v. Department of Human Resources 
Carol Jeanne Deese v. Department of Human Resources 
James Wright Jr. v. Department of Human Resources 
Joyce Ann Wilkinson v. Department of Human Resources 
Levem Wilson, Jr. v. Department of Human Resources 
Michael A. Bradford v. Department of Human Resources 
Clayman R. Norfleet v. Department of Human Resources 
Johnny C. Cole v. Department of Human Resources 
Rasoul Behboudi v. Department of Human Resources 
Walter Swimiak v. Department of Human Resources 
William Rann v. Department of Human Resources 
Matthew L. Ward v. Department of Human Resources 
Sanders Gilliard Hunter v. Department of Human Resources 
Derrick Leon Henry v. Department of Human Resources 
Clarence O. Hilliard v. Department of Human Resources 
Rhonda D. Deaton v. Department of Human Resources 
Rudolph C. Williams v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AU 


DECISION 


REGISIER CITATION 


94 CSE 1584 


Morrison 


03/07/95 




94 CSE 1586 


Morrison 


04/06/95 




94 CSE 1587 


Gray 


04/28/95 




94 CSE 1590 


Gray 


03/31/95 




94 CSE 1591 


Gray 


04/07/95 




94 CSE 1592 


Morrison 


04/06/95 




94 CSE 1594 


Reilly 


04/21/95 




94 CSE 1595 


West 


05/08/95 




94 CSE 1596 


Nesnow 


04/17/95 




94 CSE 1608 


Mann 


03/21/95 




94 CSE 1609 


Mann 


03/13/95 




94 CSE 1610 


Ches8 


06/01/95 




94 CSE 1611 


Chess 


06/09/95 




94 CSE 1612 


Chess 


07/12/95 




94 CSE 1615 


Becton 


04/07/95 




94 CSE 1616 


Becton 


07/10/95 




94 CSE 1619 


Becton 


04/07/95 




94 CSE 1621 


Becton 


04/07/95 




94 CSE 1622 


Nesnow 


07/05/95 




94 CSE 1623 


Nesnow 


04/17/95 




94 CSE 1645 


Becton 


04/25/95 




94 CSE 1646 


Chess 


06/02/95 




94 CSE 1648 


Gray 


03/09/95 




94 CSE 1649 


Morrison 


03/07/95 




94 CSE 1650 


Reilly 


03/07/95 




94 CSE 1651 


West 


04/07/95 




94 CSE 1652*' 


Reilly 


05/16/95 




94 CSE 1653 


Becton 


04/07/95 




94 CSE 1655 


Mann 


05/22/95 




94 CSE 1656 


Gray 


03/02/95 




94 CSE 1657 


Morrison 


04/06/95 




94 CSE 1679 


Chess 


06/28/95 




94 CSE 1700 


Reilly 


04/10/95 




94 CSE 1702 


Becton 


04/07/95 




94 CSE 1703 


Chess 


06/28/95 




94 CSE 1704 


Mann 


05/02/95 




94 CSE 1725 


West 


05/25/95 




94 CSE 1750 


Chess 


03/21/95 




94 CSE 1759 


Nesnow 


06/09/95 




94 CSE 1766 


Chess 


03/21/95 




94 CSE 1767 


Reilly 


03/03/95 




94 CSE 1778 


West 


03/06/95 




94 CSE 1798 


Gray 


04/27/95 




94 CSE 1799*' 


Gray 


05/31/95 




94 CSE 1814 


Morrison 


04/27/95 




94 CSE 1826 


Nesnow 


07/11/95 




95 CSE 0071 


Becton 


04/04/95 




95 CSE 0073 


Chess 


06/28/95 




95 CSE 0116 


Mann 


05/25/95 




95 CSE 0117 


Morrison 


07/11/95 




95 CSE 0118 


Reilly 


06/22/95 




95 CSE 0147 


West 


05/18/95 




95 CSE 0230 


West 


07/18/95 




95 CSE 0273 


Phipps 


06/27/95 




95 CSE 0280 


Phipps 


06/27/95 




95 CSE 0284 


Phipps 


05/22/95 




95 CSE 0321 


Chess 


07/17/95 




95 CSE 0371 


Reilly 


05/25/95 




95 CSE 0489 


Becton 


07/05/95 




95 CSE 0492 


Gray 


07/18/95 





Distribution Child Support 
Lisa J. Hill v. DHR, Div. of Social Svcs., Child Support Enf. Section 

Rockingham County Department of Social Services 
Crystean Fields v. Rockingham County DSS 



95 DCS 0239 



Phipps 



95 DHR 0316 Reilly 



05/02/95 



06/01/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



800 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Wake County Social Senices 

Grace A. Wright v. Wake County Social Services., Suzanne Woodell 94 DHR 1618 

and Craig Glenn 

INSURANCE 

Grace F. Watkins v. Teachers' & St. Emp. Comp. Major Med. Plan 94 INS 1639 

Billy Gene Campbell v. Department of Insurance 95 INS 0143 

JUSTICE 

Alarm Systems Licensing Board 

Patrick P. SaBsman v. Alarm Systems Licensing Board 94 DOJ 1825 

Education anJ Training Standards Division 

Ricky Dale McDevitt v. Sheriff's Ed. & Training Stds. Comm. 
Reginald Keith Goffmgton v. Ciminal Justice Ed. & Training Stds. Comm. 
Nervin Joseph DeDeaux v. Criminal Justice Ed. & Training Stds. Comm. 
Tony Lamont Blackmon v. Criminal Justice Ed. & Training Stds. Comm. 
Constance F. Lawrence v. Sheriff's Ed. & Training Stds. Comm. 
Alexander Douglas Jones v. Criminal Justice Ed. & Training Stds. Comm. 
Richard Dan Wuchte v. Criminal Justice Ed. & Training Stds. Comm. 

Private Protective Services Board 

Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnetl E. Morrow, Jr. v. Private Protective Services Board 
Private Protective Services Board v. James C. Purvis 
Private Protective Services Board v. Samuel O. Smith 
Jann Mitchell Stanley v. Private Protective Services Board 
Donald Wayne Clark v. Private Protective Seivices Board 
Marvin E. ShackJeford v. Private Protective Seivices Board 
Julius T. Fairley v. Private Protective Services Board 
James L. McLcary, Jr. v. Private Protective Services Board 

LABOR 

Occupational Safety «£ Health Division 

Lenoir County Public Schools v. Department of L.abor, OSHA 95 DDL 0218 

Private Personnel Service Division 

Employment Consultants, Inc. v. Private Personnel Service Division 95 DDL 0209 

y^age and Hour Division 

R.J. Scott, Pres. Pirate Enterprises, Inc. v. Labor, Wage & Hour Div. 94 DOL 1524 

PUBLIC INSTRUCTION 



Chess 



Chess 
Reilly 



ReiUy 



94 DOJ 1000 


Chess 


94 DOJ 1064 


Chess 


94 DOJ 1635 


Reilly 


94 DOJ 1823 


Reilly 


95 DOJ 0018 


Chess 


95 DOJ 0133 


Chess 


95 DOJ 0420 


Morrison 


95 DOJ 0444 


Phipps 


95 DOJ 0611 


Phipps 


95 DOJ 0612 


Phipps 


95 DOJ 0613 


Phipps 



Nesnow 



Morrison 



West 



05/03/95 



05/24/95 
04/20/95 



03/09/95 



03/03/95 
02/24/95 
03/09/95 
03/09/95 
05/15/95 
05/09/95 
05/24/95 
07/14/95 
07/18/95 
07/20/95 
07/18/95 



05/01/95 



07/07/95 



03/23/95 



< 



94 DOJ 1710 


Nesnow 


05/04/95 


10:05 NCR 324 


95 DOJ 0028 


Becton 


06/08/95 




95 DOJ 0029 


Reilly 


05/16/95 




95 DOJ 0043 


Reilly 


06/02/95 




95 DOJ 0076 


Morrison 


04/06/95 




95 DOJ 0101 


Morrison 


06/13/95 


10:07 NCR 627 


95 DOJ 0401 


Nesnow 


06/07/95 





i 



10:09 NCR 805 



Glenn H, on behalf of Glenn n, and Glenn II, Individually v 

Mecklenburg County SchooU 
S.M. on Behalf of J. A.M., and S.M., Individually, and J.M. 

County Board of Education 
William Hewett v. State Board of Education 
Jamee Midgelte v. Stale Board of Education 
Deborah R. Crouee v. State Board of Education 
Bobby G. Little v. Department of Public Instruction 
Tonya Marie Snipes and Robert Leon Snipes v. Orange County School; 
Lavcmc K. Suggs v. Department of Public Instniction 
Lavcm K. Suggs v. Guilford County Schools 
Kenneth G.H. Lcftwich v. State Board of Education 



Charlotte- 


93 EDC 0549 


Chess 


V. Davie 


93 EDC 0742 


Phipps 




94 EDC 0533 


Gray 




94 EDC 1401 


Reilly 




95 EDC 0003 


Chess 




95 EDC 0168 


Phipps 


ty Schools 


95 EDC 0225 


Maim 




95 EDC 0384 


Nesnow 




95 EDC 0385 


Nesnow 




95 EDC 0405 


Nesnow 



03/16/95 

05/30/95 

03/31/95 
05/02/95 
04/10/95 
03/20/95 
05/15/95 
07/12/95 
06/02/95 
05/25/95 



10:02 NCR 179 



i 



801 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALjI 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DSP 0834 
94 OSP 086J 



93 OSP 0189 



94 OSP 0775 



STATE PERSONNEL 

Catwell County Health Department 

Delia Brown v. Caswell County Health Department 
Julie R. Johnson v. Caewell County Health Department 

N.C. Central University 

Peter A. Fore v. N.C. Central University 

Department of Commerce 

T. Sherwood Jemigan v. Dept. of Commerce, Savings Institution Div. 

Department of Correction 

Nancy Gilchrist v. Department of Correction 

Howard Gray Sadler v. Correction, Div. of Adult Probation/Parole 

Thomas Wayne Smathers v. Department of Correction 

George J. McClease, Jr. v. Department of Correction 

Ruth Kearney v. Department of Correction 

Department of Crime Control and Public Safety 

Betty Sue Whitley v. National Guard Dept. Crime Control & Public Safety94 OSP 1399 

Cfffice of the District Attorney 



Shannon Caudill v. Office of the District Attorney for Judicial 
District 17-B, and Administrative Office of the Courts 

Dorothea Dix Hospital 

Paul E. Hunter v. Dorothea Dix Hospital 

East Carolina University 

Lillie Mercer AtJunson v. ECU, Dept. of Comparative Medicine, et al. 
Lillie Mercer Atkinson v. ECU, Dept. of Comparative Medicine, et al. 

Edgecombe County Health Department 

Ronald E. Wooten v. Edgecome County Health Department 

Department of Environment, Health, and Natural Resources 

Babette K. McKemie v. EHNR, Div. of Environmental Management 

FayetteviUe State University 

George Benstead v. FayetteviUe State University 
Lt. Bobby McEachem v. FSU Police Department 
Officer Gregor A. Miles v. FSU Police Department 

Forsyth Stokes Mental Health Center 

Michael Howell v. Forsyth Stokes Mental Health Center 

Department of Human Resources 

April Benfield v. Department of Human Resources 
and 
Western Carolina Center 
Eugene Hightower, Jr. v. Department of Human Resources, EEO 
Rebecca Johnson v. Human Resources, Special Care Center 



Nesnow 
Reilly 



Nesnow 



West 



95 OSP 0188 



95 OSP 0504 



95 OSP 0038*' 
95 OSP 0057*'' 



94 OSP 1209 



94 OSP 0358 



Chess 



Nesnow 



Gray 



Becton 
Becton 



Gray 



Chess 



94 OSP 0499 



Chess 



06/12/95 
03/15/95 



06/13/95 



05/25/95 



94 OSP 0121 


West 


03/09/95 


94 OSP 0332 


West 


05/15/95 


94 OSP 0590 


West 


03/23/95 


94 OSP 0644 


Gray 


04/19/95 


94 OSP 1807 


Becton 


03/13/95 



06/13/95 



03/20/95 



07/12/95 



06/08/95 
06/08/95 



07/10/95 



05/31/95 



94 OSP 1597 


Nesnow 


04/04/95 


95 OSP 0042*' 


Reilly 


07/05/95 


95 OSP 0058*' 


Reilly 


07/05/95 



03/24/95 



94 OSP 1758 


Nesnow 


06/07/95 


94 OSP 1811 


West 


05/04/95 


95 OSP 0138 


West 


03/31/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



802 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 

NUMBER 



AU 



Cherry Hospital 
William H. Cooke v. DHR. Cherry Hospital 

Durham County Department of Social Services 
Dcloree H. JefTcrs v. Durtiam County Department of Social Services 

Gaston County Department of Social Services 
Bobbie J. Gilliam v. Gaston County Department of Social Services 

Iredell Countx Department of Social Senices 

Vernon E. Grosse v. Iredell County Department of Social Services 
Bonnie N- Bellamy v. Iredell County Department of Social Services 

Richmond County Department of Social Services 
Emma Jane Bradley v. Richmond County Dept. of Social Services 

Wake Countx Department of Health 
Regina K. Crowder v. Wake County/Health Dept.. Caroline E. Lee. Dir. 94 OSP 1032*^ Nesnow 



93 OSP 1547 



94 OSP 0939 



94 OSP 0770 



94 OSP 0282 
94 OSP 0739 



95 OSP 0055 



Gray 



Morrison 



West 



Becton 
Chess 



ReiUy 



Sabrina R. Crowder v. Wake County/Health Dept., Richard Stevens 
TTiomasine D. Avery v. Wake County /Health Department 

Wake County Department of Social Senices 

Olivia L. Jordan v. Wake County/Department of Social Services 

Department of Labor 

Michael Robert Smith v. Department of Labor 



94 OSP 1072*' Nesnow 
94 OSP 1074*' Nesnow 



94 OSP 1179*' Nesnow 



94 OSP 0610 



Nesnow 



Lee-BameU Area Mental Health, Developmental Disabilities, and Substance Abuse Authority 



Julie Dyer v. Lee-Hamctt Area MH/DD/SA Authority 

North Carolina State University 

Artelia S. Clark v. N.C. State University 

Wesley Brown v. N.C. State University 

David L. Bauer v. North Carolina Slate University 

Billy Ray Kelly v. NCSU Physical Plant 

Heather Ann Waskiowicz v. NCSU, Dept. of Public Safety 

Orange-Person-Chatham Mental Health 

Patricia A- Hams v. Orange-Person-Chatham Menial Health 

Department of Transportation 

Michael E, Komegay v. Department of Transportation 
Robert F. Coins v. Department of Transportation 
Esther Doe Murphy v. Department of Transportation 

University of Sorth Carolina 

Beth Ann Miller v. UNC Student Health 

UNC Hospitals 

David Patrick Malonc v. Univ. of NC Hospital at Chapel Hill 
Lillian C. Daniels v. UNC Hospital 



94 OSP 0750 



Gray 



89 OSP 0612 


Nesnow 


94 OSP 1173 


ReiUy 


95 OSP 0044 


Morrison 


95 OSP 0130 


West 


95 OSP 0213 


Phipps 



95 OSP 0162 



West 



94 OSP 0800 



94 OSP 0771 

95 OSP 0056 



Ncsi 



Becton 
Morrison 



DATE OF 
DECISION 



03/16/95 



06/12/95 



05/24/95 



03/09/95 
03/01/95 



07/18/95 



06/12/95 
06/12/95 
06/12/95 



06/12/95 



06/09/95 



03/20/95 



07/07/95 
06/30/95* 
04/25/95 
03/22/95 
07/06/95 



04/11/95 



PUBLISHED DECISION 
REGISTER CITATION 



93 OSP 1700 


Gray 


03/24/95 


94 OSP 0281 


Chess 


05/30/95 


95 OSP 0114 


Gray 


07/10/95 



05/25/95 



03/14/95 
05/11/95 



i 



10:01 NCR 48 



10:09 NCR 809 



i 



10:08 NCR 700 



i 



803 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



> 



AGENCY 

Wake County 

Mark Morgan v. Wake County 

STATE TREASURER 



CASE 
NUMBER 



John W. ParriB v. Bd. of TnistcesZ/NC Local Gov. Emp. Retirement Sys. 91 DST 1093 

Channie S. Chapman v. Bd/Tru8tees//NC Local Gov. Emp. Ret Sys. 94 DST 0443 

Bryan L. Basden v. Retirement Systems Division 95 OSP 0171 

Wayne La Broad v. Bd.Arrustees//Teacher8/St. Emp. Retirement Sys. 95 DST 0219 



AU 



94 OSP 0937 Nesnow 



DATE OF 
DECISION 



04/28/95 



PUBLISHED DECISION 
REGISTER CITATION 



10:04 NCR 287 



Nesnow 


05/04/95 


Morrison 


05/15/95 


Chess 


06/21/95 


Morrison 


07/14/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



804 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFHCE OF 

ADMINISTRATIVE HEARINGS 

95 DOJ0444 



DONALD WAYNE CLARK, 
Petitioner, 



NORTH CAROLINA PRIVATE PROTECTIVE 
SERVICES BOARD, 

Respondent. 



PROPOSAL FOR DECISION 



This contested case was heard before Administrative Law Judge Meg Scott Phipps on June 27, 1995 in Raleigh, North 



Carolina. 



APPEARANCES 

Petitioner was represented by Attorney W. Randall Stroud. 

Respondent appeared and was represented by Attorney Charles F. McDams. 

WTTNESSES 
Petitioner 
Respondent 



Battalion Chief Donald Hannan 
Donald W. Clark 
Lou Rogers, Investigator 
Assistant Fire Chief Bill Bibby 



ISSUE 

Whether Petitioner can establish 1800 hours of venfiable investigative experience while employed as a Fire Captain with 
the Durham County Fire Department. 

STIPULATIONS 

Respondent stipulates that Petitioner presented sufficient documentation prior to the hearing to verify 1200 hours of 
investigative expenence within the past 10 years while employed with the Durham Police Department, a position he held prior to 
his employment with the Durham County Fire Department. 

BURDEN OF PROOF 

Petitioner has the burden of provmg 1800 hours of verifiable expenence as an investigator with the Durham County Fire 
Department. 

STATUTES ANT) RULES APPLICABLE 
TO THE CONTESTED CASE 

Of!icial notice is taken of the following statutes and rules applicable to this case: 

N.C.G.S. §§ 74C-2; 74C-3(a)(8); 74C-5(2); 74C-8; 12 NCAC 7D section .0200; 12 NCAC 7D section .0400. 

EXHIBITS 

Petitioner introduced the following exhibit: 

1. Exhibit 1 - Memo from Don Hannan dated 2/12/95. 



805 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



Respondent introduced the following exhibits: 

1. Exhibit 1 - Copy of Petitioner's application filed with the Respondent. 

2. Exhibit 2 - Copy of Petitioner's job description as Fire Captain with the Durham County Fire 

Department. 

3. Exhibit 3 - Letter mailed to Petitioner notifying him of the denial of his application for a private 

investigator's license for lack of experience. 

FINDINGS OF FACT 

1 . Battalion Chief Donald Hannan (hereinafter "Chief Hannan") testified that he had known the Petitioner for 24 or 25 years. 

2. Chief Hannan had directly supervised the Petitioner for the last few years. 

3. Chief Hannan stated that he had assigned Petitioner numerous background checks, probably greater than ten over the past 
five years, to perform on applicants for employment. It was not part of the Petitioner's job description to perform 
background investigations, but was part of the duties that Chief Hannan asked him to pierform. 

4. Chief Hannan also directly sui>ervised Petitioner during fire response. 

5. As part of his duties as CafHaia, Petitioner was required to make an initial determination as to whether or not to call the 
full time arson investigator onto the scene, which meant that the Petitioner had to make an initial determination as to the 
cause and origin of the fire. 

6. If the Captain determined from his initial investigation that a fire was a potential arson, then the Captain would repyort 
to the Chief who would then call the arson investigators to conduct a complete investigation of the fire scene. 

7. If the initial investigation concludes that more than half of the structure is destroyed by fire or that there was more than 
$20,000 damage to the structure, then a fuU time arson investigator is always called to the scene. However, an arson 
investigator may be called if other evidence of arson is found at a fire where there is not $20,000 damage or more than 
half structural damage. 

8. If an arson investigator was called to the scene, then the Petitioner usually would not be required to go back to the scene. 

9. Chief Hannan testified that he had no documentation to show the number of investigative hours that Petitioner possessed. 

10. Chief Hannan testified that he has "no conceivable idea how many hours he [Petitioner] has." (Tape 1, counter #645). 

11. Petitioner testified on his own behalf that he had been employed with the Durham County Fire Department from 1985 
through 1994. 

12. Petitioner testified that he had a high school diploma. 

13. Petitioner testified that he conducted ten to fifteen and maybe twenty background investigations on applicants for 
employment with the fire department. 

14. Petitioner testified that he spent anywhere from two to ten hours on the backgrounds. Petitioner stated that "it's hard to 
be specific [as to the number of hours] . " 

15. Petitioner approximated 85 fire calls per year from 1988 through 1994. 

16. Petitioner guessed that he would spend approximately four hours on each fire scene from driving up and putting out the 
fire until the trucks left, but he doesn't know how many hours he would spend investigating the fire. 

17. Petitioner wrote a report for each fire incident but doesn't know where the reports are currently located or what the 
department does with them; therefore. Petitioner could only guess at the number of investigative hours he had 
accumulated. 



10:9 NORTH CAROLINA REGISTER August 1, 1995 806 



CONTESTED CASE DECISIONS 



18. Assistant Chief Bill Bibby (hereinafter "Assistant Chief Bibby") testified that he had been employed with the Durham Fire 
Department since 1985, and that he was both Battalion Chief Hannan's supervisor and Petitioner's supervisor. 

19. Assistant Chief Bibby testified that a captain would spend only a small amount of time investigating each fire, and once 
the initial determination of possible arson was made, a full time arson investigator would be called to the scene. 

20. Durham County Fire Department employs full time arson mvestigators who are on call 24 hours a day. 

21. Assistant Chief Bibby estimated that a captain would spend at the most 30 to 45 minutes investigating a fire to make his 
initial determination of the possibility of arson. Assistant Chief Bibby stated that he didn't know why a captain would 
be that wrapf)e<i up in an investigation since fiill time arson investigators are on duty 24 hours a day and have the specific 
duty of doing the fire investigations. 

22. Approximately 15% to 20% of fires are suspected to be started by arsonists. 

23. Lx)u Rogers testified that the Board always requires a review of job descnptions, letters, pay records, incident reports or 
other documentation to verify an apphcant's experience, and such documentation was required to assure that the applicant 
had the experience he claimed and was not in fact falsifying his experience. 

24. The Petitioner did not submit any documentation to Ms. Rogers to verify his exjjerience, other than Petitioner's Exhibit 
1 and several uncompleted report forms. 

CONCLUSIONS OF LAW 

1. Pursuant to N.C.G.S. 74C-2, no jjerson may engage in the pnvate protective services profession without being properly 
licensed. 

2. Pursuant to N.C.G.S. 74C -3(a)(8), any person who holds himself out as a private mvestigator on a contractual basis is 
defined as engaged m the private protective services profession and is therefore required to be licensed. 

3. I^ursuant to N.C.G.S. 74C-5(2), the Board is granted the authority to determine minimum qualifications, experience, and 
training standards for applicants. 

4. Pursuant to N.C.G.S. 74C-8(b)(6), an apphcant must submit an appUcalion for a Ucense and must include any information, 
evidence, statements, or documentation as may be required by the Board. 

5. N.C.G.S. 74C-8(d)(4) states: 

the Board shall conduct a background investigation during the course of which the applicant shall be required 
to show that he meets all the following requirements and qualifications hereby made prerequisite to obtaining 
a License: 

(4) That he has the necessary training, qualifications, and expenence m order to determine the applicant's 

competency and fitness as the Board may determine by rule for all bcenses to be issued by the Board. 

6. Pursuant to 12 NCAC 7D .0401, an apphcant for a private mvestigator's license must establish to the Board's satisfaction 
three years of verifiable experience within the past 10 years while conductmg mvestigations as defmed in G.S. 74C- 
3(a)(8). 

7. 12 NCAC 7D .0204 sets forth one year of experience as equal to 1,(XX) hours. 

8. 12 NCAC 7D .0204 states that an apphcant must be prepared to make available upon request written documentation and/or 
verification of experience. 

9. The court concludes, viewing the evidence in the light most favorable to the Petitioner, that the Petitioner conducted 20 
background investigations and spent ten hours on each investigation; therefore. Petitioner has 200 hours of investigative 
time for this activity. 



807 NORTH CAROLINA REGISTER August 1, 1995 10:9 



CONTESTED CASE DECISIONS 



I 



) 



10. The court concludes, viewing the evidence in the Ught most favorable to the Petitioner, that Petitioner participated in 595 
fire calls (calculated by his testimony of 85 calls per year between 1988 and 1994) and that he spent 45 minutes 
investigating each call (as estimated by Assistant Chief Bibby to the maximum amount of investigative time on each call) 
for a total of 446.25 hours (.75 hours x 595 calls) of investigative experience. 

11. The court concludes that Petitioner has 646.25 hours of verifiable investigative experience (446.25 hrs. + 200 hrs.), as 
viewed in the light most favorable to the Petitioner. 

12. Any other experience referenced by the Petitioner or other witnesses was purely a guess and such references could neither 
prove nor disprove the Petitioner's experience. 

13. Pursuant to the United States Constitution, the North Carolina Constitution, the North Carolina Administrative Procedures 
Act, and the North Carolina Private Protective Services Act, the Board must act fairly toward each applicant and must 
not act arbitrarily and capriciously; therefore, the Board must establish definable guidelines by which to gauge each 
applicant's exj>erience, and has set forth those guidelines to require each applicant to submit documentation to prove 
experience. 

PROPOSAL FOR DECISION 

The North Carolina Private Protective Services Board will make the final decision in this contested case. It is proposed 
that the Board deny the Petitioner's application for a private investigators license for lack of experience. It is further proposed that 
the Board grant the applicant a Private Investigator Trainee Permit, which will allow the applicant to pursue his interests in the 
profession while gaining the required experience. 

ORDER 

It is hereby ordered that the agency serve a copy of the fmal decision on the Office of Administrative Hearings, P. O. 
Drawer 27447, Raleigh, NC 27611-7447, in accordance with G.S. 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions 
to this projxjsal for decision, to submit proposed findings of fact and to present oral and written arguments to the agency pursuant 
to G.S. 150B^0(e). 

The agency that will make the final decision in this contested case is the North Carolina Private Protective Services Board. 

This the 14th day of July, 1995. 



Meg Scott Phipps 
Administrative Law Judge 



^ 



10:9 NORTH CAROLINA REGISTER August 1, 1995 808 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF RICHMOND 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 OSP 0055 



EMMA JANE BRADLEY, 
Petitioner, 



RICHMOM) COUNTY DEPARTMENT OF 
SOCIAL SERVICES, 
Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing before the undersigned administrative law judge on May 9, 1995, in Rockingham. 

Mr. Kenneth A. Swain represented the Petitioner. Mr. John T. Page, Jr. represented the Respondent. The Petitioner 
presented ten witnesses and mtroduced Exhibits #2, 6(a)- (f). 10 and 14(a)-(d). The Respondent presented four witnesses and 
introduced Exhibits #1-6 and 8. Proposed Findings of Fact were filed on July 3 and 5, 1995. 

ISSUES 

1. Did the Respondent properly dismiss the Petitioner? 

2. Was the Petitioner's dismissal the result of discnmination based on a handicapping condition? 

3. Was the Petitioner's dismissal the result of discrimination based on race? 

4. Was the Petitioner's dismissal the result of retaliation? 

FINDINGS OF FACT 

1. At the time of the heanng the Petitioner was 48 years of age. The Petitioner is a white woman. She had been a 
permanent employee of the Respondent prior to her termination on October 4, 1994. She worked approximately six years 
as an Income Mamtenance Caseworker. The Petitioner processed documentation for medicaid recipients. 

2. The Petitioner is a citizen and resident of Richmond County, North Carolina. 

3. In September, 1993, Petitioner required surger>' on her lower back for spmal stenosis which included a lumbar 
laminectomy with decompression. 

4. Petitioner requested and was granted leave without pay m September, 1993, to recover from surgery. Petitioner was 
released by her doctor to return to work at a reduced schedule of four to six hours per day beginning October 18, 1993. 
The Respondent requested that she not return to work until November 5, 1993. The Petitioner initially worked four hours 
per day. On November 22, 1993, Petitioner's hours were mcreased to six. She was released by her doctor to work eight 
hours per day on December 31, 1993. 

The Petitioner's working conditions aggravated her impairment and exacerbated her pain. 

a. Several times a day, the Petitioner was required to retneve files from boxes placed on the floor. This 
required bending at the waist, an activity which caused persistent pain. 

b. Several times a day, the Petitioner was required to retrieve files from file cabinets. These cabinets 
were filled beyond capacity, heavy and difficult to open. 

c. The Petitioner requested but was not provided a suitable work station. She sat on a metal frame chair 
which was m generally poor condition. The chair's arms were too high to slide under the desk. The 
Petitioner was forced to sit on the front edge of the chair to reach the desk top. As a result, her back 



5. 



809 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CONTESTED CASE DECISIONS 



was not supported and she suffered constant pain. On one occasion, the Petitioner slid off the chair 
and onto the floor. 

6. The Petitioner's situation was well known to her co-workers and supervisors. 

a. Several co-woricers, including her immediate supervisor, testified as to the necessity of the Petitioner 
retrieving files from the floor and the overfilled file cabinets. 

b. For a brief period of time, the Petitioner was provided with a table, so that she would not have to bend 
to the floor to retrieve files. This was a significant assistance to the Petitioner. However, it was 
removed by the Respondent without any discussion with the Petitioner. 

c. The Petitioner regularly complained of being in pain. Once, the Petitioner was reduced to tears. 

d. A co-worker brought a back support device to attach to the Petitioner's chair. Unfortunately, the 
device was not designed for the Petitioner's type of chair. 

e. In December, 1993, the Petitioner requested a suitable chair. The Respondent was shown the 
condition of the Petitioner's chair. 

7. The Petitioner's pain mandated additional medical treatment, including epidural injections. She missed two days of work 
after each treatment. As a result of necessary medical care, the Petitioner exhausted all sick, vacation and other paid leave 
and had to request leave without pay for any additional time she needed to be absent from work. 

8. In August, 1994, the Petitioner submitted a request for leave without pay for the week of September 26, 1994. At the 
time the request was made the Petitioner told co-workers that she did not know what she would do if the request was 
denied, because she could no longer endure her present physical discomfort without some relief. 

9. Approximately three weeks after the request for leave without pay was made and one week prior to the requested leave 
period, the request was denied by the County Manager, Mr. Richard Tillis. 

10. After the request for leave was denied Petitioner's husband placed several telephone calls to the County Manager in an 
attempt to explain that the need for the time off was not for vacation but for relief from pain. The County Manager 
eventually took a phone call from Mr. Bradley but indicated that the decision to deny the Petitioner's request for leave 
had already been made and it would not be reversed. 

11. On September 22, 1995, the Petitioner attempted to obtain an appointment with her treating Orthopedic Specialist, Dr. 
George Ferre. She was unable to obtain an appointment; Dr. Ferre was going to be out-of-town the next week. The 
petitioner was prescribed medication and given an appointment for when Dr. Ferre returned. 

12. The Petitioner spent the week of September 26, 1995, at the beach. The Petitioner and her husband called the Respondent 
and stated that the petitioner was unable to work that week. 

13. The Petitioner returned to a pre-dismissal conference. The Petitioner again informed the Respondent of her recurrent 
problems and the unsuccessful attempt to obtain an appointment with her treating physician. The Petitioner was dismissed. 

14. On the following Monday, the Petitioner had an appointment with the doctor. Dr. Ferre testified concerning the 
Petitioner's medical condition: 

a. The Petitioner had been a patient since February, 1993. The petitioner had spinal stenosis, arthritis 
and a herniated disk of her lumbar spine. 

b. TTie doctor performed a lumbar laminectomy which confirmed the Petitioner's diagnosis and indicated 
that at the L5-S1 level of the spine a ruptured disk was found. 

c. The Petitioner was gradually released to return to work. A complete return was made in January, 
1994. The Petitioner suffered from a permanent condition with regular pain and some numbness in her 
right leg. She was given six to eight epidural injections in an effort to alleviate this pain. She was 
prescribed Lorcet Plus for alleviation of pain on several occasions. 



10:9 NORTH CAROLINA REGISTER August 1, 1995 810 



CONTESTED CASE DECISIONS 



d. The surgery did not provide the positive result for which the doctor had hof)ed. The back pain 
associated with her condition was not relieved. 

e. The Ufting up of the Petitioner's torso after bending over to retrieve files could certainly create pain 
for the Petitioner. The pulling and pushing of file drawers which were difficult to open could also 
serve to create pain for the Petitioner if done on a regular and daily basis. 

f. A letter from the Respondent regarding the Petitioner's absences from work was shown to Dr. Ferre. 
He indicated that if this was the total number of days absent from work from September of 1993 to 
September of 1994, the Petitioner had missed less work than the average person would be expected to 
under the same physical condition and receiving the same treatment. 

g. The medical records confirmed that the Petitioner could not participate in all of her physical therapy 
due to work conflicts. The records reflected that the Petitioner attempited to obtain an appointment with 
the doctor on September 22, 1995, but she was unable to do so. The Petitioner visited the doctor on 
October 3, 1995, wherein he referred the Petitioner to a pain clinic in an attempt to alleviate her 
problems. 

h. Dr. Ferre prepared a letter for the Respondent where he stated that the Petitioner's absence from work 

was due to a medical necessity because her condition had worsened significantly. 

15. Requests for leave without pay must be approved by the County Manager. On August 29, 1994, the petitioner wrote: 

I would like to request five (5) days leave without pay for an annual family vacation. The dates for this leave 
wiU be 09-26-94 through 09-30-94. 

16. The request was denied. The manager responded: 

Your request does not involve an emergency. Each time an employee is absent, an additional work burden is 
placed on others in the work place. The more resj>onsible approach would have been to reserve some annual 
leave for this occasion. 

17. During the twelve months prior to her August 29, 1994, request, the Petitioner had taken leave without pay for 60 days, 
annual leave for 9.25 days, sick leave for 7.97 days and petty leave for 1.53 days. 

18. The Petitioner took unapproved leave without pay. The Respondent wrote to Petitioner on October 4, 1994: 

Your decision to take leave - after having been denied such leave - constitutes an act of insubordination. Because 
of this unacceptable personal conduct your employment with the Richmond County Department of Social Services 
is hereby terminated effective October 4, 1994. 

19. There was no credible evidence of racial discrimination or retaliation. 

CONCLUSIONS OF LAW 

1. The Petitioner was a permanent employee of the Richmond County Department of Social Services and therefore subject 
to the protection of the State Personnel Act, GS Chapter 126. 

2. The Stale Employee's Handbook defines insubordination as the refiisal to accept a reasonable and proper assignment from 
an authorized supervisor. The refusal which is the basis of the offense must be a willful refusal, and the reasonableness 
of the assignment must be determined in Ught of the relative circumstances existing at the time of the incident, and in light 
of the employee's reasonable perception of those circumstances. The conduct of the employee cannot be termed willful 
misconduct if it is determined that the employee's actions were reasonable and taken with good cause. Urback v^ East 
Carolina University , 105 NC App 605, 608, 414 SE 2d 100,102, (1992). (Citations omitted.) 

3. The Petitioner's taking of unapproved leave without pay was a medical necessity because her condition had worsened 
significantly. Considered in light of the relative circumstances, the denial of leave without pay by the Respondent was 
not reasonable. The Petitioner's taking of leave without pay was not willful misconduct when both her attempt to obtain 
prior approval and the degree of her pain are considered. A reasonable and proper response by the Respondent, both 
before and after the Petitioner's taking of unapproved leave without pay, would have been consideration of 25 NCAC ID 
.0519 concerning separation on the basis of unavailability. 



811 NORTH CAROLINA REGISTER August I, 1995 10:9 



CONTESTED CASE DECISIONS 



I 



) 



4. The Petitioner was not insubordinate. She was not dismissed for just cause. 

5. 25 NCAC ID .0519(a) and (b) provide: 

An employee may be separated on the basis of unavailabihty when the employee becomes or remains unavailable 
for work after all applicable leave credits and benefits have been exhausted and agency management does not 
grant a leave without jwy for reasons deemed sufficient by the agency. Such reasons include, but are not limited 
to, lack of suitable tempwrary assistance, criticahty of the position, budgetary constraints, etc. Such a separation 
is an involimtary sef>aration, and not a disciplinary dismissal as described in GS 126-35, and may be grieved or 
appealed. 

Prior to separation, the employing agency shall meet with or at least notify the employee in writing, of the 
proposed separation, the efforts undertaken to avoid separation and why the efforts were unsuccessful. The 
employee shall have the opportunity in this meeting or in writing to propose alternative methods of 
accommodation. If the proposed accommodations are not possible, the agency must notify the employee of that 
fact and the proposed date of separation. If the proposed accommodations or alternative accommodations are 
being reviewed, the agency must notify the employee that such accommodations are under review and give the 
employee a projected date for a decision on this. 

6. The Respondent failed to comply with 25 NCAC ID .0519(a) and (b). The Respondent introduced no evidence of lack 
of suitable temporary assistance, criticahfy of the position, budgetary constraints, etc. to supjKJrt the denial of leave 
without pay. Furthermore, the Respondent did not notify the Petitioner of efforts undertaken to avoid separation and did 
not afford the Petitioner the opportunity to propose accommodations. In fact, the Respondent did not provide a suitable 
chair and removed a table upon which Petitioner could place files. 

7. The Respondent did not properly dismiss the Petitioner. 

8. The Petitioner is a "handicapped person" as defined in GS 160A-3(4) and a "qualified handicapped person" under GS 
168A-3(9). 

9. The Respondent failed to provide reasonable accommodations to the Petitioner by failing to make accommodations which 
would have enabled her to perform the job of Income Maintenance Caseworker. Reasonable accommodations would 
include providing a suitable chair and a table uf)on which Petitioner could place files. 

10. The Petitioner's dismissal was the result of discrimination based on a handicapping condition. 

11. The Petitioner's dismissal was not the result of discrimination based on race or retaliation. 

RECOMMENDED DECISION 

It is recommended that the Petitioner be reinstated with back pay and attorney fees. It is also recommended that the 
Respondent provide reasonable accommodations to the Petitioner. 

NOTICE 

The State Personnel Commission will make a final decision in this contested case concerning the discrimination and 
retaliation issues but will make an advisory decision concerning the dismissal issue. The parties have the right to file exceptions 
to this recommended decision and to present written arguments to this agency. The agency will mail a copy of its decision to 
the parties, the attorneys of record and the Office of Administrative Hearings. 

This the 17th day of July, 1995. 



i 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge 



10:9 NORTH CAROLINA REGISTER August 1, 1995 812 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCA C is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHt^PTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


T andscape Architects 


26 


16 


Public Education 


landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Jomt Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


•21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & T and Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & I anguage Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



813 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CUMULATIVE INDEX 





Agency/Rule Citation 


Proposed in 
Register 


Proposed 

Effective 

Date 


Flsral Note 


Effective 
Date 


Other InformatioQ 


State 


Local 



ACUPUNCTURE LICENSING BOARD 



21 NCAC 01 


.0101 


10:02 NCR 


150 


07/01/95 




.0201 


10:07 NCR 


585 


10/01/95 




.0401 - .0402 


10:02 NCR 


150 


07/01/95 




.0501 


10:07 NCR 


585 


10/01/95 




.0701 


10:07 NCR 


585 


10/01/95 


AGRICULTURE 










2 NCAC 34 


.0904 


10:04 NCR 


228 


08/01/95 




.0904 


10:07 NCR 


430 


11/01/95 


CERTIFIED PUBLIC ACCOUNTANT EXAMINERS 




21 NCAC 08F 


.0105 


10:04 NCR 


255 


08/01/95 




.0113 


10:04 NCR 


255 


08/01/95 


OSG 


.0401 


10:04 NCR 


255 


08/01/95 


08J 


.0005 


10:04 NCR 


255 


08/01/95 




.0008 


10:04 NCR 


255 


08/01/95 


08M 


.0102 


10:04 NCR 


255 


08/01/95 




.0104 


10:04 NCR 


255 


08/01/95 




.0306 


10:04 NCR 


255 


08/01/95 




.0401 


10:04 NCR 


255 


08/01/95 


08N 


.0203 


10:04 NCR 


255 


08/01/95 




.0302 


10:04 NCR 


255 


08/01/95 




.0307 


10:04 NCR 


255 


08/01/95 


CHIROPRACTIC EXAMINERS 








21 NCAC 10 


.0203 


10:04 NCR 


261 


08/01/95 


COMMUNITY COLLEGES 








23 NCAC 02C 


.0108 


10:03 NCR 


208 


09/01/95 




.0210 


10:07 NCR 


587 


01/01/96 




.0211 


10:03 NCR 


208 


09/01/95 




.0301 


10:07 NCR 


587 


01/01/96 




.0306 


10:03 NCR 


208 


09/01/95 


02E 


.0403 


10:07 NCR 


587 


01/01/96 


COMMERCE 










4 NCAC 06C 


.0203 


10:05 NCR 


300 


09/01/95 


CORRECTION 










5 NCAC 05 


.0001 


10:01 NCR 


12 


07/01/95 



08/01/95 
08/01/95 



N/A 



08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 

08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



08/01/95 



Renoticed in 10:7 



07/01/95 



CULTURAL RESOURCES 



7 NCAC 02F 


.0002 




10:01 NCR 


12 


07/01/95 


iNVIRONMENT 


, HEALTH, 


AND NATURAL RESOURCES 


15A NCAC 02B 


.0101 




10:01 NCR 


13 






.0104 




10:01 NCR 


13 






.0202 




10:01 NCR 


13 






.0211 




10:01 NCR 


13 






.0301 




10:01 NCR 


13 






.0303 




10:08 NCR 


661 


11/01/95 




.0304 




10:04 NCR 


246 


01/01/96 




.0304 




10:05 NCR 


301 


11/01/95 




.0308 - 


.0310 


10:08 NCR 


661 


11/01/95 




.0308 




10:08 NCR 


661 


02/01/96 




.0315 - 


.0316 


10:08 NCR 


661 


11/01/95 




.0315 




10:08 NCR 


661 


02/01/96 




.0316 




10:04 NCR 


246 


01/01/96 


02D 


.0520 




10:01 NCR 


13 


07/01/95 




.0531 




10:01 NCR 


13 


07/01/95 



08/01/95 



Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



07/01/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



814 



CVMULATWE INDEX 



Ageicy/R^e CitatiDB 



Proposed m 
Register 



Proposed 

EfTectiTe 

Date 



Fiscal Note 



State Lac^ 



EffeetJTe 
Date 



Other Informatioa 



I 





.0902 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0909 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.0952 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1402 




10:01 NCR 


13 


07/01/95 


X 


X 


07/01/95 




.1406 




10:01 NCR 


13 


07/01/95 


X 


X 






.1409 




10:01 NCR 


13 


07/01/95 


X 


X 






.1701 - 


.1702 


10:01 NCR 


13 


07/01/95 


X 


X 






.1801 - 


.1803 


10:01 NCR 


13 


07/01/95 


X 


X 




NPDES Permit 






10:02 NCR 


56 










04A 


.0001 
.0005 




10:07 NCR 
10:07 NCR 


579 
579 


10/01/95 
10/01/95 








04B 


.0016 
.0020 




10:07 NCR 
10:07 NCR 


579 
579 


10/01/95 
10/01/95 










.0028 




10:02 NCR 


149 


07/01/95 






08/01/95 




.0029- 


.0030 


10:07 NCR 


579 


10/01/95 








04C 


.0007- 
.0010 


.0008 


10:07 NCR 
10:07 NCR 


579 
579 


10/01/95 
10/01/95 








040 


.0002- 


0003 


10:07 NCR 


579 


10/01/95 








07B 


.0101 




10:09 NCR 


751 


12/01/95 


X 


X 






.0201 - 


.0216 


10:09 NCR 


751 


12/01/95 


X 


X 






.0401 - 


.0406 


10:09 NCR 


751 


12/01/95 


X 


X 






.0501 - 


.0507 


10:09 NCR 


751 


12/01/95 


X 


X 




07H 


.0208 
.0308 




10:03 NCR 
10:09 NCR 


197 
751 


12/01/95 
12/01/95 










.0309- 


.0310 


10:09 NCR 


751 


02/01/96 










.1705 




10:09 NCR 


751 


12/01/95 










.2201 - 


.2202 


10:03 NCR 


204 


12/01/95 










.2203 




10:03 NCR 


204 


12/01/95 


X 








.2204- 


.2205 


10:03 NCR 


204 


12/01/95 








07K 


.0103 




10:09 NCR 


751 


12/01/95 








lOB 


.0115 




10:06 NCR 


338 


10/01/95 










.0202- 


.0203 


10:01 NCR 


26 


07/01/95 






07/01/95 




.0202 




10:04 NCR 


249 


08/01/95 










.0214 




10:01 NCR 


26 


07/01/95 






07/01/95 


IOC 


.0404 
.0407 




10:06 NCR 
10:06 NCR 


338 
338 


12/01/95 
12/01/95 








lOD 


.0002- 

.0003 

.0003 


.0003 


10:01 NCR 
10:04 NCR 
10:06 NCR 


26 
250 
338 


07/01/95 
08/01/95 
09.01/95 






07/01/95 


lOF 


.0313 




10:06 NCR 


338 


10/01/95 










.0317 




10:01 NCR 


26 


07/01/95 






07/01/95 


Villdlife Proclamatioo/'Striped 


Bass 


10:02 NCR 


57 


04/10/95 














10:03 NCR 


195 


04/15/95 








13B 


.0101 
.0103 
.0503 




10:06 NCR 
10:06 NCR 
10:06 NCR 


350 
350 
350 


10/01/95 
10/01/95 
10/01/95 










.0802- 


0829 


10:06 NCR 


350 


10/01/95 










.1627 




10:06 NCR 


350 


10/01/95 








16A 


.1001 




10:07 NCR 


582 


01/01/96 


X 








.1002 - 


.1006 


10:07 NCR 


582 


01/01/96 








18A 


.2508 
.2511 




10:06 NCR 
10:06 NCR 


350 
350 


01/01/96 
01/01/96 










.2516- 


.2519 


10:06 NCR 


350 


01 '01 '96 










.2521- 


.2524 


10:06 NCR 


350 


01/01/96 










.2526 




10:06 NCR 


350 


01/01/96 










.2528- 


.2535 


10:06 NCR 


350 


01/01/96 










.2537 




10:06 NCR 


350 


01/01/96 










.2540- 


.2543 


10:06 NCR 


350 


01/01/96 








19A 


.0401 
.0406 
.0502 




10:06 NCR 
10:06 NCR 
10:06 NCR 


350 
350 
350 


10/01/95 
10/01/95 
10/01/95 








19C 


.0206 




10:05 NCR 


305 


10/01/95 


X 






19H 


.0702 




10:07 NCR 


582 


10/01/95 


X 







i 



i 



815 



NORTH CAROUNA REGISTER 



August 1, 1995 



10:9 



CUMULATIVE INDEX 



I 



AgeBcy/Rule Ckatioii 



Proposed in 
Register 



Proposed 

EiTective 

Date 



FiscaiNete 



State Local 



Effective 
Date 



Other InfonHation 



) 



\ 



24A 


.0404 




10:06 NCR 


350 


FINAL DECISION LETTERS 






Voting Righte Act 






10:01 NCR 
10:03 NCR 
10:05 NCR 


02 
194 
298 


GOVERNOR'S EXECUTIVE ORDERS 




Number 72 






10:01 NCR 


01 


Number 73 






10:02 NCR 


54 


Number 74 






10:02 NCR 


54 


Number 75 






10:03 NCR 


191 


Number 76 






10:03 NCR 


191 


Number 77 






10:05 NCR 


297 


Number 78 






10:06 NCR 


336 


Number 79 






10:07 NCR 


427 


Number 80 






10:07 NCR 


427 


Number 81 






10:08 NCR 


639 


HUMAN RESOURCES 








10 NCAC 03D 


.1401 




10:08 NCR 


641 


03H 


.0108 - 


.0109 


10:02 NCR 


58 




.0206- 


.0220 


10:02 NCR 


58 




.0306- 


.0318 


10:02 NCR 


58 




.0407- 


.0409 


10:02 NCR 


58 




.0505- 


.0507 


10:02 NCR 


58 




.0510 - 


.0517 


10:02 NCR 


58 




.0605- 


.0609 


10:02 NCR 


58 




.0705 - 


.0712 


10:02 NCR 


58 




.0810 - 


.0812 


10:02 NCR 


58 




.0903 - 


.0911 


10:02 NCR 


58 




.1003 - 


.1008 


10:02 NCR 


58 




.1105- 


.1109 


10:02 NCR 


58 




.1130- 


.1136 


10:02 NCR 


58 




.1150- 


.1163 


10:02 NCR 


58 




.1204- 


.1208 


10:02 NCR 


58 




.1210 




10:02 NCR 


58 




.1306- 


.1308 


10:02 NCR 


58 




.1405- 


.1406 


10:02 NCR 


58 




.1408- 


.1410 


10:02 NCR 


58 




.1501 - 


.1503 


10:02 NCR 


58 




.1612- 


.1613 


10:02 NCR 


58 




.1703 - 


.1704 


10:02 NCR 


58 




.1804- 


.1807 


10:02 NCR 


58 




.2001 




10:02 NCR 


58 




.2101 - 


.2110 


10:02 NCR 


58 




.2201 - 


.2212 


10:02 NCR 


58 




.2301 - 


.2308 


10:02 NCR 


58 




.2401 - 


.2402 


10:02 NCR 


58 




.2501 - 


.2506 


10:02 NCR 


58 




.2601 - 


.2607 


10:02 NCR 


58 




.2701 




10:02 NCR 


58 




.2801 - 


.2802 


10:02 NCR 


58 




.2901 - 


.2902 


10:02 NCR 


58 




.3001 - 


.3005 


10:02 NCR 


58 




.3011 - 


.3016 


10:02 NCR 


58 




.3021 - 


.3032 


10:02 NCR 


58 




.3101 - 


.3104 


10:02 NCR 


58 




.3201 - 


.3202 


10:02 NCR 


58 




.3301 - 


.3302 


10:02 NCR 


58 




.3401 - 


.3404 


10:02 NCR 


58 


03L 


.0901 - 


.0907 


10:08 NCR 


641 




.1001 - 


.1007 


10:08 NCR 


641 



10/01/95 



11/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
09/01/95 
02/01/96 
02/01/96 



03/06/95 
03/15/95 
03/27/95 
03/30/95 
04/03/95 
05/02/95 
05/23/95 
06/07/95 
06/13/95 
06/27/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



816 



CUMULATIVE INDEX 



Agency/Rule Citatioa 



Proposed m 
Register 



Proposed 

Effecti»e 

Date 



Tiscal Note 



State Local 



EfTectiTe 
Date 



Other Informatioii 



,1101 


- .1112 


10:08 NCR 641 


02/01/96 


.1201 


- .1202 


10:08 NCR 641 


02/01/96 


.1301 


- .1303 


10:08 NCR 641 


02/01/96 


.1401 


■ .1402 


10:08 NCR 641 


02/01/96 


03M .0202 


.0205 


10:08 NCR 641 


02/01/96 


.0207 




10:08 NCR 641 


02/01/96 


14B .0501 


.0503 


10:07 NCR 430 


05/01/96 


.0505 


.0509 


10:07 NCR 430 


05/01/96 


14K .0101 


.0103 


10:07 NCR 430 


05/01/96 


.0201 


.0219 


10:07 NCR 430 


05/01/96 


.0301 


.0310 


10:07 NCR 430 


05/01/96 


.0312 


.0315 


10:07 NCR 430 


05/01/96 


.0317 


.0324 


10:07 NCR 430 


05/01/96 


.0326 ■ 


.0329 


10:07 NCR 430 


05/01/96 


.0333 ■ 


.0348 


10:07 NCR 430 


05/01/96 


.0350- 


.0365 


10:07 NCR 430 


05/01/96 


.0401 - 


.0408 


10:07 NCR 430 


05/01/96 


14L .0101 - 


.0106 


10:07 NCR 430 


05/01/96 


.0201 - 


.0203 


10:07 NCR 430 


05/01/96 


.0301 - 


.0308 


10:07 NCR 430 


05/01/96 


.0310 




10:07 NCR 430 


05/01/96 


.0401 - 


.0407 


10:07 NCR 430 


05/01/96 


.0601 - 


.0606 


10:07 NCR 430 


05/01/96 


.0609 




10:07 NCR 430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 430 


05/01/96 


.0701 - 


.0709 


10:07 NCR 430 


05/01/96 


.0711 - 


.0712 


10:07 NCR 430 


05/01/96 


14M .0101 - 


.0113 


10:07 NCR 430 


05/01/96 


.0501 - 


.0511 


10:07 NCR 430 


05/01/96 


.0601 - 


.0602 


10:07 NCR 430 


05/01/96 


.0604 




10:07 NCR 430 


05/01/96 


.0606 




10:07 NCR 430 


05/01/96 


.0608- 


.0612 


10:07 NCR 430 


05/01/96 


.0614- 


.0615 


10:07 NCR 430 


05/01/96 


.0617- 


.0621 


10:07 NCR 430 


05/01/96 


.0701 - 


.0716 


10:07 NCR 430 


05/01/96 


14N .0101 - 


.0107 


10:07 NCR 430 


05/01/96 


.0201 - 


.0207 


10:07 NCR 430 


05/01/96 


.0301 - 


.0307 


10:07 NCR 430 


05/01/96 


.0401 - 


.0406 


10:07 NCR 430 


05/01/96 


.0501 - 


.0507 


10:07 NCR 430 


05/01/96 


.0701 




10:07 NCR 430 


05/01/96 


.0703 - 


.0705 


10:07 NCR 430 


05/01/96 


.0801 - 


.0811 


10:07 NCR 430 


05/01/96 


.0901 - 


.0905 


10:08 NCR 656 


05/01/96 


140 .0301 - 


.0314 


10:07 NCR 430 


05/01/96 


.0401 - 


.0409 


10:07 NCR 430 


05/01/96 


.0411 - 


.0416 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0601 - 


.0609 


10:07 NCR 430 


05/01/96 


.0611 - 


.0615 


10:07 NCR 430 


05/01/96 


.0617- 


.0618 


10:07 NCR 430 


05/01/96 


.0701 - 


.0710 


10:07 NCR 430 


05/01/96 


14V .0101 - 


.0104 


10:07 NCR 430 


05/01/96 


.0201 - 


.0208 


10:07 NCR 430 


05/01/96 


.0301 - 


.0304 


10:07 NCR 430 


05/01/96 


.0401 - 


.0405 


10:07 NCR 430 


05/01/96 


.0501 - 


.0505 


10:07 NCR 430 


05/01/96 


.0601 - 


.0604 


10:07 NCR 430 


05/01/96 


.0701 - 


.0712 


10:07 NCR 430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 430 


05/01/96 


.1101 - 


.1103 


10:07 NCR 430 


05/01/96 


.1201 - 


.1203 


10:07 NCR 430 


05/01/96 



817 



NORTH CAROLINA REGISTER 



August I, 1995 



10:9 



CUMULATIVE INDEX 



% 



AgeBcy/Rule CHatioii 


Proposed ia 
Register 


Proposed 

EfTectire 

Date 


Fisral Note 


EfTective 
Date 




State 


Local 



) 



\ 



.1301 - 


.1303 


10:07 NCR 


430 


05/01/96 


.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 


.1501 - 


.1504 


10:07 NCR 


430 


05/01/96 


.2101 - 


.2104 


10:07 NCR 


430 


05/01/96 


.2201 - 


.2204 


10:07 NCR 


430 


05/01/96 


.2301 - 


.2306 


10:07 NCR 


430 


05/01/96 


.2401 - 


.2404 


10:07 NCR 


430 


05/01/96 


.2501 - 


.2505 


10:07 NCR 


430 


05/01/96 


.3101 - 


.3103 


10:07 NCR 


430 


05/01/96 


.3201 - 


.3203 


10:07 NCR 


430 


05/01/96 


.3301 - 


.3303 


10:07 NCR 


430 


05/01/96 


.3401 - 


.3403 


10:07 NCR 


430 


05/01/96 


.3501 - 


.3503 


10:07 NCR 


430 


05/01/96 


.3601 - 


.3604 


10:07 NCR 


430 


05/01/96 


.3701 - 


.3703 


10:07 NCR 


430 


05/01/96 


.3801 - 


.3803 


10:07 NCR 


430 


05/01/96 


.3901 - 


.3903 


10:07 NCR 


430 


05/01/96 


.4001 - 


.4003 


10:07 NCR 


430 


05/01/96 


.4101 - 


.4104 


10:07 NCR 


430 


05/01/96 


.5001 - 


.5002 


10:07 NCR 


430 


05/01/96 


.5101 - 


.5104 


10:07 NCR 


430 


05/01/96 


.5201 - 


.5204 


10:07 NCR 


430 


05/01/96 


.5301 - 


.5303 


10:07 NCR 


430 


05/01/96 


.5401 - 


.5403 


10:07 NCR 


430 


05/01/96 


.5501 - 


.5503 


10:07 NCR 


430 


05/01/96 


.5601 - 


.5603 


10:07 NCR 


430 


05/01/96 


.5701 - 


.5703 


10:07 NCR 


430 


05/01/96 


.5801 - 


.5804 


10:07 NCR 


430 


05/01/96 


.5901 - 


.5903 


10:07 NCR 


430 


05/01/96 


.6001 - 


.6003 


10:07 NCR 


430 


05/01/96 


.6101 - 


.6103 


10:07 NCR 


430 


05/01/96 


.6201 - 


.6202 


10:07 NCR 


430 


05/01/96 


.6301 - 


.6303 


10:07 NCR 


430 


05/01/96 


.6401 - 


.6403 


10:07 NCR 


430 


05/01/96 


.6501 - 


.6503 


10:07 NCR 


430 


05/01/96 


.6601 - 


.6603 


10:07 NCR 


430 


05/01/96 


.6701 - 


.6702 


10:07 NCR 


430 


05/01/96 


.6801 - 


.6802 


10:07 NCR 


430 


05/01/96 


.6901 - 


.6903 


10:07 NCR 


430 


05/01/96 


18A .0124 - 


.0128 


10:07 NCR 


430 


05/01/96 


.0130 




10:07 NCR 


430 


05/01/96 


.0132 - 


.0133 


10:07 NCR 


430 


05/01/96 


.0135 - 


.0136 


10:07 NCR 


430 


05/01/96 


181 .0114- 


.0120 


10:07 NCR 


430 


05/01/96 


18J .0110- 


.0119 


10:07 NCR 


430 


05/01/96 


.0212- 


.0213 


10:07 NCR 


430 


05/01/96 


.0304- 


.0311 


10:07 NCR 


430 


05/01/96 


.0507- 


.0511 


10:08 NCR 


656 


05/01/96 


.0601 - 


.0604 


10:07 NCR 


430 


05/01/96 


.0701 - 


.0715 


10:07 NCR 


430 


05/01/96 


.0801 - 


.0805 


10:07 NCR 


430 


05/01/96 


.0803 




10:02 NCR 


118 


07/01/95 


18K .0109 - 


.0116 


10:07 NCR 


430 


05/01/96 


.0262- 


.0263 


10:08 NCR 


656 


05/01/96 


18L .0107 - 


.0108 


10:07 NCR 


430 


05/01/96 


.0223 - 


.0224 


10:07 NCR 


430 


05/01/96 


.0331 - 


.0336 


10:07 NCR 


430 


05/01/96 


.0338 - 


.0339 


10:07 NCR 


430 


05/01/96 


.0428- 


.0434 


10:07 NCR 


430 


05/01/96 


.0504 




10:07 NCR 


430 


05/01/96 


.0511 




10:07 NCR 


430 


05/01/96 


.0513 




10:07 NCR 


430 


05/01/96 


.0601 - 


.0607 


10:08 NCR 


656 


05/01/96 



07/01/95 



10:9 



NORTH CAROUNA REGISTER 



August 1, 1995 



818 



CUMULATIVE INDEX 



AgeacyfRtde Citatioa 



Proposed ia 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Vocal 



EfTeetiTe 
Date 



Other Information 



I 





.0701 - 


.0705 


10:07 NCR 


430 


05/01/96 






.0707 




10:07 NCR 


430 


05/01/96 






.0801 




10:07 NCR 


430 


05/01/96 






.0803 - 


.0809 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0904 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1006 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1103 


10:07 NCR 


430 


05/01/96 






.1105- 


.1107 


10:07 NCR 


430 


05/01/96 






.1201 




10:07 NCR 


430 


05/01/96 






.1203 - 


.1206 


10:07 NCR 


430 


05/01/96 






.1301 - 


.1309 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1501 - 


.1525 


10:07 NCR 


430 


05/01/96 




18M 


.0107 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0206- 


.0213 


10:07 NCR 


430 


05/01/96 






.0304 - 


.0307 


10:07 NCR 


430 


05/01/96 






.0406- 


.0409 


10:07 NCR 


430 


05/01/96 






.0505- 


.0506 


10:07 NCR 


430 


05/01/96 






.0607- 


.0608 


10:07 NCR 


430 


05/01/96 






.0701 




10:07 NCR 


430 


05/01/96 






.0703 - 


.0706 


10:07 NCR 


430 


05/01/96 






.0708 - 


.0714 


10:07 NCR 


430 


05/01/96 






.0801 - 


.0803 


10:07 NCR 


430 


05/01/96 






.0817- 


.0819 


10:07 NCR 


430 


05/01/96 






.0824 - 


.0838 


10:07 NCR 


430 


05/01/96 






.0901 - 


.0908 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1009 


10:07 NCR 


430 


05/01/96 






.1101 - 


.1106 


10:07 NCR 


430 


05/01/96 






.1203 - 


.1204 


10:07 NCR 


430 


05/01/96 






.1302- 


.1305 


10:07 NCR 


430 


05/01/96 






.1401 - 


.1403 


10:07 NCR 


430 


05/01/96 






.1405- 


.1410 


10:07 NCR 


430 


05/01/96 




18N 


.0105 - 


.0110 


10:07 NCR 


430 


05/01/96 






.0204- 


.0212 


10:07 NCR 


430 


05/01/96 






.0305 - 


.0306 


10:07 NCR 


430 


05/01/96 






.0601 - 


.0605 


10:08 NCR 


656 


05/01/96 






.0701 - 


.0709 


10:08 NCR 


656 


05/01/96 




180 


.0517- 


.0524 


10:08 NCR 


656 


05/01/96 




18P 


.0901 - 


.0903 


10:07 NCR 


430 


05/01/96 






.1001 - 


.1004 


10:07 NCR 


430 


05/01/96 




18Q 


.0284 




10:07 NCR 


430 


05/01/96 






.0286- 


.0287 


10:07 NCR 


430 


05/01/96 






.0520 - 


.0521 


10:07 NCR 


430 


05/01/96 






.0538 - 


.0552 


10:07 NCR 


430 


05/01/96 




26B 


.0110 




10:08 NCR 


660 


10/01/95 






.0124 




10:02 NCR 


118 


07/01/95 X 


07/01/95 


26H 


.0302 




10:04 NCR 


228 


08/01/95 X 


08/01/95 




.0304- 


.0305 


10:04 NCR 


228 


08/01/95 X 


08/01/95 




.0308 - 


.0309 


10:04 NCR 


228 


08/01/95 X 


08/01/95 


26H 


.0213 




10:02 NCR 


118 


07/01/95 


07/01/95 


39D 


.0302 - 


.0303 


10:09 NCR 


722 


11/01/95 




41F 


.0706 




10:03 NCR 


196 


08/01/95 


08/01/95 




.0812 




10:03 NCR 


196 


08/01/95 


08/01/95 


42H 


.0911 




10:09 NCR 


T22 


12/01/95 




INSURANCE 














11 NCAC 06A 


.0812 




10:04 NCR 


246 


08/01/95 


08/01/95 


JUSTICE 














12 NCAC 04E 


.0104 




10:07 NCR 


573 


10/01/95 




07D 


.0201 




10:07 NCR 


575 


10/01/95 






.0301 




10:07 NCR 


575 


10/01/95 






.0401 




10:07 NCR 


575 


10/01/95 





i 



I 



819 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CUMULATIVE INDEX 





Ageocy/Rule Chatioii 


Proposed in 
Register 


Proposed 

EfTectiTe 

Date 


Fiscal Note 


Effective 
Date 


Other Iiifonnati<Hi 


State 


Local 



) 



) 





.0701 




10:07 NCR 


575 


10/01/95 




.0706 




10:07 NCR 


575 


10/01/95 




.0801 




10:07 NCR 


575 


10/01/95 




.0806 




10:07 NCR 


575 


10/01/95 




.0902 




10:07 NCR 


575 


10/01/95 




.0904 




10:07 NCR 


575 


10/01/95 


09A 


.0204 




10:02 NCR 


122 


08/01/95 


09B 


.0113 




10:02 NCR 


122 


08/01/95 




.0201 - 


.0202 


10:02 NCR 


122 


08/01/95 




.0205 




10:02 NCR 


122 


08/01/95 




.0206 




10:02 NCR 


122 


08/01/95 




.0210 




10:02 NCR 


122 


08/01/95 




.0212- 


.0214 


10:02 NCR 


122 


08/01/95 




.0226- 


.0228 


10:02 NCR 


122 


08/01/95 




.0232- 


.0233 


10:02 NCR 


122 


08/01/95 


09C 


.0401 




10:02 NCR 


122 


08/01/95 




.0601 




10:02 NCR 


122 


08/01/95 


09D 


.0102 




10:02 NCR 


122 


08/01/95 




.0104- 


.0106 


10:02 NCR 


122 


08/01/95 


lOB 


.0102- 


.0103 


10:09 NCR 


723 


01/01/96 




.0105 




10:09 NCR 


723 


01/01/96 




.0204 




10:09 NCR 


723 


01/01/96 




.0301 




10:09 NCR 


723 


01/01/96 




.0304 




10:09 NCR 


T23 


01/01/96 




.0307 




10:09 NCR 


723 


01/01/96 




.0401 - 


.0403 


10:09 NCR 


723 


01/01/96 




.0405 




10:09 NCR 


723 


01/01/96 




.0407- 


.0409 


10.09 NCR 


723 


01/01/96 




.0502- 


.0503 


10:09 NCR 


723 


01/01/96 




.0505 




10:09 NCR 


723 


01/01/96 




.0601 - 


.0607 


10:09 NCR 


723 


01/01/96 




.0702- 


.0706 


10:09 NCR 


723 


01/01/96 




.0801 - 


.0803 


10:09 NCR 


723 


01/01/96 




.0901 




10:09 NCR 


723 


01/01/96 




.0903 - 


.0906 


10:09 NCR 


723 


01/01/96 




.0908- 


.0912 


10:09 NCR 


723 


01/01/96 




.1004- 


.1005 


10:09 NCR 


723 


01/01/96 




.1201 - 


.1205 


10:09 NCR 


723 


01/01/96 


11 


.0210 




10:05 NCR 


301 


09/01/95 


LABOR 












13 NCAC 






10:01 NCR 


10 


01/01/96 








10:01 NCR 


12 


01/01/96 








10:02 NCR 


149 


10/01/95 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


01/01/96 








10:02 NCR 


149 


02/01/96 








10:03 NCR 


196 


01/01/96 








10:03 NCR 


197 


01/01/96 


12 


.0101 




10:02 NCR 


142 


08/01/95 




.0303 - 


.0315 


10:02 NCR 


142 


08/01/95 




.0501 - 


.0502 


10:02 NCR 


142 


08/01/95 




.0803 - 


.0808 


10:02 NCR 


142 


08/01/95 


LIST OF RULES CODIFIED 














10:02 NCR 


167 










10:04 NCR 


272 










10:06 NCR 


392 










10:09 NCR 


783 




MEDICAL EXAMINERS 








21 NCAC 32H 


.0102 




10:02 NCR 


151 


07/01/96 




.0201 




10:02 NCR 


151 


07/01/96 



08/01/95 
08/01/95 
01/01/96 

08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 
08/01/95 



Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 
Notice on 



Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 
Subject 



Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 
Matter 



Rules Filed 03/95 
Rules Filed 04/95 
Rules Filed 05/95 
Rules Filed 06/95 



10:9 



NORTH CAROLINA REGISTER 



August 1, 1995 



820 



CUMULATIVE INDEX 







Agency/Rule Citation 


Proposed ia 
Register 


Proposed 

Effective 

Date 


Fiscal Note 


Effective 
Date 


Other Infonnatiaii 


State 


Local 



21 



21 





.0203 




10:02 NCR 


151 


07/01/96 




.0408 




10:02 NCR 


151 


07/01/96 




.0506 




10:02 NCR 


151 


07/01/96 




.0601 




10:02 NCR 


151 


07/01/95 




.0602 




10:02 NCR 


151 


07/01/96 




.0801 




10:02 NCR 


151 


07/01/96 




.1001 




10:02 NCR 


151 


07/01/96 


321 


.0003 - 


.0004 


10:02 NCR 


151 


07/01/95 


SING HOME ADMINISTRATORS 






NCAC 37 


.0101 




10:04 NCR 


262 


08/01/95 




.0302 




10:03 NCR 


206 


08/01/95 




.0404 




10:03 NCR 


206 


08/01/95 




.0502 




10:03 NCR 


206 


08/01/95 




.0603 




10:03 NCR 


206 


08/01/95 




.0904 




10:04 NCR 


262 


08/01/95 




.0912 




10:03 NCR 


206 


08/01/95 




.0914 




10:03 NCR 


206 


08/01/95 


5ICAL THERAPY EXAMINERS 






NCAC 48C 


.0103 




10:08 NCR 


671 


10/01/95 


48D 


.0006 




10:08 NCR 


671 


10/01/95 




.0008 




10:08 NCR 


671 


10/01/95 




.0011 




10:08 NCR 


671 


10/01/95 


48E 


.0110 




10:08 NCR 


671 


10/01/95 


48F 


.0002 




10:08 NCR 


671 


10/01/95 


48G 


.0501 - 


.0516 


10:08 NCR 


671 


10/01/95 




.0601 




10:08 NCR 


671 


10/01/95 


48H 


.0104 




10:08 NCR 


671 


10/01/95 




.0701 - 


.0704 


10:08 NCR 


671 


10/01/95 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 



08/01/95 



08/01/95 
08/01/95 

08/01/95 



i 



i 



PROFESSIONAL COUNSELORS 








21 NCAC 53 


.0204- 


.0211 


10:01 NCR 


40 


07/01/95 




.0301 




10:01 NCR 


40 


07/01/95 




.0305 - 


.0309 


10:01 NCR 


40 


07/01/95 




.0310 




10:01 NCR 


40 


07/01/95 




.0403 - 


.0405 


10:01 NCR 


40 


07/01/95 




.0601 - 


.0604 


10:01 NCR 


40 


07/01/95 


PUBLIC EDUCATION 










16 NCAC 06D 


.0106 




10:07 NCR 


584 


11/01/95 


REAL ESTATE COMMISSION 








21 NCAC 58 A 


.0110 




10:02 NCR 


157 


07/01/95 




.0403 




10:04 NCR 


263 


08/01/95 




.0503 




10:04 NCR 


263 


08/01/95 




.0504 - 


.0506 


10:02 NCR 


157 


07/01/95 




.0505 




10:04 NCR 


263 


08/01/95 




.1703 




10:02 NCR 


157 


07/01/95 




.1707 - 


.1708 


10:02 NCR 


157 


07/01/95 




.1710- 


.1711 


10:02 NCR 


157 


07/01/95 


58E 


.0103 




10:02 NCR 


157 


07/01/95 




.0203 - 


.0204 


10.02 NCR 


157 


07/01/95 




.0303 - 


.0305 


10:02 NCR 


157 


07/01/95 




.0406- 


.0407 


10:02 NCR 


157 


07/01/95 




.0506 




10:02 NCR 


157 


07/01/95 




.0515 




10:02 NCR 


157 


07/01/95 



07/01/95 
07/01/95 
07/01/95 

07/01/95 
07/01/95 



07/01/95 
08/01/95 
08/01/95 
07/01/95 
08/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 
07/01/95 



I 



821 



NORTH CAROLINA REGISTER 



August 1, 1995 



10:9 



CUMULATIVE INDEX 



% 



AgeBcy/Rule Citation 



Proposed ia 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Elective 
Date 



Other InformatiMi 



) 



REFRIGERATION EXAMINERS 








21 NCAC 60 


.0102 




10:04 NCR 


264 


08/01/95 




.0105 




10:09 NCR 


781 


11/01/95 




.0204 




10:04 NCR 


264 


08/01/95 




.0314 




10:04 NCR 


264 


08/01/95 




.1102 




10:04 NCR 


264 


08/01/95 




.1103 




10:09 NCR 


781 


11/01/95 


REVENUE 












Tax Review Board 






10:01 NCR 


03 




Tax Review Board 






10:07 NCR 


428 




Tax Review Board 






10:09 NCR 


716 




SECRETARY OF STATE 








18 NCAC 06 


.1205 - 


.1206 


10:05 NCR 


306 


09/01/95 




.1208 




10:05 NCR 


306 


09/01/95 




.1302- 


.1305 


10:05 NCR 


306 


09/01/95 




.1313 




10:05 NCR 


306 


09/01/95 


STATE PERSONTVEL 










25 NCAC OIC 


.0207 




10:04 NCR 


264 


08/01/95 




.0402- 


.0408 


10:04 NCR 


264 


08/01/95 


OlD 


.0201 




10:04 NCR 


264 


08/01/95 




.0205 




10:04 NCR 


264 


08/01/95 




.0207 




10:04 NCR 


264 


08/01/95 




.0211 




10:04 NCR 


264 


08/01/95 




.0509 




10:07 NCR 


588 


10/01/95 




.0808 




10:04 NCR 


264 


08/01/95 




.1001 




10:04 NCR 


264 


08/01/95 




.1009 




10:04 NCR 


264 


08/01/95 




.1201 




10:04 NCR 


264 


08/01/95 




.1204 




10:04 NCR 


264 


08/01/95 




.1401 




10:04 NCR 


264 


08/01/95 




.1801 - 


.1802 


10:04 NCR 


264 


08/01/95 




.2001 




10:04 NCR 


264 


08/01/95 


DIE 


.0804 




10:04 NCR 


264 


08/01/95 




.1402- 


.1409 


10:07 NCR 


588 


10/01/95 




.1410- 


.1411 


10:07 NCR 


588 


10/01/95 


OIJ 


.0604- 


.0606 


10:07 NCR 


588 


10/01/95 




.0608 




10:07 NCR 


588 


10/01/95 




.0610- 


.0612 


10:07 NCR 


588 


10/01/95 




.0613 - 


.0615 


10:07 NCR 


588 


10/01/95 


OIK 


.0312 




10:04 NCR 


264 


08/01/95 


TRANSPORTATION 










19A NCAC 02D 


.0801 




10:04 NCR 


254 


09/01/95 



08/01/95 

08/01/95 
08/01/95 
08/01/95 



\ 



10:9 



NORTH CAROUNA REGISTER 



August 1, 1995 



822 



I 



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BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 







ONETIIVIE 


ANNUAL 






PURCHASE 


SUBSCRIPTION 




CODE 


PRICE 


PRICE 




201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 15 09 


$28.00 


$40.00 




202 1 5 34 


$21.00 


$30.00 




202 15 43 


$21.00 


$30.00 




202 15 48 


$21.00 


$30.00 




202 15 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$125.00 




204 1 5 02 


$12.00 


$40.00 




204 1 5 03 


$24.50 


$35.00 




204 1 5 06 


$14.00 


$20.00 




204 1 5 09 


$14.00 


$20.00 




204 1 5 1 


$14.00 


$20.00 




204 15 16 


$24.50 


$35.00 




205 00 00 


$56.00 


$80.00 




205 1 5 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.50 


$495.00 




210 20 10 


$45.50 


$65.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$45.00 




210 20 42 


$31.50 


$45.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25.00 




210 20 45 


$35.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 10 04 


$24.50 


$35.00 




211 10 05 


$17.50 


$25.00 




211 10 06 


$28.00 


$40.00 




211 10 08 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 10 09 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


riUe 


214 00 00 


$31.50 


$45.00 




214 00 08 


$17.50 


$25.00 




214 00 11 


$14.00 


$20.00 


Full TiUe 


215 00 00 


$276.50 


$395.00 




215 15 00 


$115.50 


$165.00 




215 15 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




215 15 31 


$35.00 


$50.00 




215 15 32 


$17.50 


$25.00 



Title 1 - Dept. of Administration 

Division of Purchase & Contract 
Federal Block Grant Funds 



Full Title 



Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Rant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Tide 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Trde 6 - Dept. of Corrections - Full Title 

Division of Prisons 

Tide 6 - Counca of State - Full Tide 

Trde 7 - Dept. of Cultural Resources - Full Title 

Tide 8 - State Board of Elections - Full Trde 

Trde 9 - Offices of the Governor & Lt. Governor - Full Tide 

Trde 10 - Dept. of Human Resou-ces - Full Tide 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Trde 1 1 - Dept. of Insurance - Full Tide 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering &. Building Codes 

Tide 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Tide 13 - Dept. of Labor - Full Tide 

Mine & Quarry Safety 

General Safety/GSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Tide 14A - Dept. of Crime Control & Public Safety - Full 

Alcohol Law Enforcement 
Victims Compensation Fund 

Trde ISA - Dept. of Environ., Health, & Nat. Resowces 

Environmental Management 

Air Qualfty 

Water Quality 

Land & Waste Management 

Solid Waste Management 

Underground Storage Tanks 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$50.00 


215 25 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 1006 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 15 27 


$31.60 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 10 02 


$28.00 


$40.00 


219 1003 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$206.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 


.. 


$750.00 


266 BO 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxllizer & Breathalyser 

Title 16 - Dept. of Public Instruction - Full Trde 

Elementary & Secondary Education 

Titie 1 7 - Dept. of Revenue - Full Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Trde 18 - Secretary of State - Fidl Title 

Securities Division 

Trde 19A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Tide 20 - Dept. of the State Treasurer - Full Title 

Trde 21 - Occupational Licensing Boards - Full Title 

Trde 22 - Administrative Procedures Act - Repeated 

Trde 23 - Dept. of Community Colleges - Full Tide 

Tide 24 - Independent Agencies - Full Title 

Title 26 - Office of State Personnel - Full Title 

Trde 26 - Office of Administrative Hearings - Full Tide 

Tide 27 - North Carolina State Bar - Full Trde 

North Carolina Administrative Code - Full Code 

(Add $85.00 Shipping and Handling! 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

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